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RELATIONSHIPS
BETWEEN LICENSEES AND THE PUBLIC.
(1) A licensee who performs
real estate brokerage services for a buyer is a buyer's agent unless
the:
(a) Licensee has entered into a written agency
agreement with the seller, in which case the licensee is a seller's
agent;
(b) Licensee has entered into a subagency agreement
with the seller's agent, in which case the licensee is a seller's
agent;
(c) Licensee has entered into a written agency
agreement with both parties, in which case the licensee is a dual
agent;
(d) Licensee is the seller or one of the sellers;
or
(e) Parties agree otherwise in writing after
the licensee has complied with section 3(1)(f) of this act.
(2) In a transaction in which different licensees affiliated with
the same broker represent different parties, the broker is a dual
agent, and must obtain the written consent of both parties as required
under section 6 of this act. In such a case, each licensee shall
solely represent the party with whom the licensee has an agency
relationship, unless all parties agree in writing that both licensees
are dual agents.
(3) A licensee may work with a party in separate transactions pursuant
to different relationships, including, but not limited to, representing
a party in one transaction and at the same time not representing
that party in a different transaction involving that party, if the
licensee complies with this chapter in establishing the relationships
for each transaction.
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