(a)A licensee working with a buyer or seller who is a
customer shall owe the following duties and obligations to the
buyer or seller:
(i)To exercise reasonable skill and care including:
(A)Presenting all offers and counteroffers in a
timely manner regardless of whether the property is subject to a
contract for sale;
(B)Advising the parties to obtain expert advice
as to material matters about which the licensee knows but the
specifics of which are beyond the expertise of the licensee;
(C)Accounting in a timely manner for all money
and property received by the licensee;
(D)Keeping the parties fully informed regarding
the transaction;
(E)Assisting the parties in complying with the
terms and conditions of any contract which may include closing
the transaction;
(F)Disclosing to all pros
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(a) A licensee working with a buyer or seller who is a
customer shall owe the following duties and obligations to the
buyer or seller:
(i) To exercise reasonable skill and care including:
(A) Presenting all offers and counteroffers in a
timely manner regardless of whether the property is subject to a
contract for sale;
(B) Advising the parties to obtain expert advice
as to material matters about which the licensee knows but the
specifics of which are beyond the expertise of the licensee;
(C) Accounting in a timely manner for all money
and property received by the licensee;
(D) Keeping the parties fully informed regarding
the transaction;
(E) Assisting the parties in complying with the
terms and conditions of any contract which may include closing
the transaction;
(F) Disclosing to all prospective buyers any
adverse material facts actually known by the licensee, including
but not limited to adverse material facts pertaining to the
title, the physical condition of the property, any defects in
the property and any environmental hazards affecting the
property required by law to be disclosed;
(G) Disclosing to any prospective seller all
adverse material facts actually known by the licensee, including
but not limited to adverse material facts pertaining to the
buyer's financial ability to perform the terms of the
transaction.
(ii) To comply with all requirements of this article;
(iii) To comply with any applicable federal, state or
local laws, rules, regulations or ordinances.
(b) A licensee has no duty to conduct an independent
inspection of the property for the benefit of the buyer and has
no duty to independently verify the accuracy or completeness of
statements made by the seller or independent inspectors.
(c) A licensee has no duty to conduct an independent
investigation of the buyer's financial condition or to verify
the accuracy of completeness of any statement made by the buyer.
(d) A licensee may do the following without breaching any
obligation or responsibility:
(i) Show alternative properties not owned by the
seller to a prospective buyer;
(ii) List competing properties for sale or lease;
(iii) Show properties in which the buyer is
interested to other prospective buyers; and
(iv) Serve as an agent, subagent or intermediary for
the same or for different parties in other real estate
transactions.
(e) A licensee working with a buyer or seller who is a
customer shall provide the customer an agency disclosure.