Montana § 37-51-315 Vicarious Liability

Montana Statutes

§ 37-51-315 — Vicarious Liability

Montana § 37-51-315

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 51REAL ESTATE BROKERS AND SALESPERSONS

Part 3Licensing

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Bluebook

Mont. Code Ann. § 37-51-315 (2026).

Text

37-51-315 . Vicarious liability.

(1)A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless:

(a)the party has actual knowledge of the misrepresentation; or

(b)the agent or subagent is repeating a misrepresentation made by the party.

(2)A broker is not liable for a misrepresentation made by the broker's subagent unless:

(a)the broker has actual knowledge of the misrepresentation;

(b)the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or

(c)a broker or subagent is repeating a misrepresentation made by the broker.

(3)An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.

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37-51-315 . Vicarious liability. (1) A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless:
(a) the party has actual knowledge of the misrepresentation; or
(b) the agent or subagent is repeating a misrepresentation made by the party.
(2) A broker is not liable for a misrepresentation made by the broker's subagent unless:
(a) the broker has actual knowledge of the misrepresentation;
(b) the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or
(c) a broker or subagent is repeating a misrepresentation made by the broker.
(3) An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.