§ 34-27-85 — Services Licensees Required to Provide

(a) In addition to the duties enumerated in Section 34-27-84, a licensee shall provide all of the following services to clients:
(1) Loyally represent the best interests of the client by placing the interests of the client ahead of the interests of any other party, unless loyalty to a client violates the duties of the licensee to other parties under Section 34-27-84 or is otherwise prohibited by law.
(2) Disclose to the client all information known by the licensee which is material to the transaction and not discoverable by the client through reasonable investigation and observation, except for confidential information as provided in Section 34-27-84(a)(3). A licensee shall have no affirmative duty to discover the information.
(3) Fulfill any obligation required by the agency agreement, and any lawful instructions of the client which are within the scope of the agency agreement and are not inconsistent with other duties as enumerated in this article.
(b) A licensee who represents more than one client in a real estate transaction owes the duties as specified in subsection (a) to each client, except where the duties to one client will violate the fiduciary duties of the licensee to other clients.
(c) A licensee may provide brokerage services as a dual agent only with the prior written, informed consent of all clients of the licensee in the transaction.

Legislative History

(Acts 1995, No. 95-211, p. 341, §6.; Act 2025-380, §1)