As to, “Here, answer these two questions:”
Hard to answer the questions when the bases for the contract and all the actors involved are privy to the agreement and waivers.
Actors: Realtor, Purchaser, Organization, Offer to organization members at a discount, then back to a Realtor if members do not wish the purchase.
Does not pass the sniff test, IMO. But that’s my opinion for the moment. I am certainly not expressing a legal conclusion about and/or legal analysis of a transaction or a matter which is relied on by the above mentioned. InterNACHI’s legal team likely covered every angle.