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DUTIES OF
A LICENSEE GENERALLY.
(1) Regardless of whether
the licensee is an agent, a licensee owes to all parties to whom
the licensee renders real estate brokerage services the following
duties, which may not be waived:
(a) To exercise reasonable skill and care;
(b) To deal honestly and in good faith;
(c) To present all written offers, written notices
and other written communications to and from either party in a timely
manner, regardless of whether the property is subject to an existing
contract for sale or the buyer is already a party to an existing
contract to purchase;
(d) To disclose all existing material facts
known by the licensee and not apparent or readily ascertainable
to a party; provided that this subsection shall not be construed
to imply any duty to investigate matters that the licensee has not
agreed to investigate;
(e) To account in a timely manner for all money
and property received from or on behalf of either party;
(f) To provide a pamphlet on the law of real
estate agency in the form prescribed in section 13 of this act to
all parties to whom the licensee renders real estate brokerage services,
before the party signs an agency agreement with the licensee, signs
an offer in a real estate transaction handled by the licensee, consents
to dual agency, or waives any rights, under section 2(1)(e), 4(1)(e),
5(1)(e), or 6(2)(e) or (f) of this act, whichever occurs earliest;
and
(g) To disclose in writing to all parties to
whom the licensee renders real estate brokerage services, before
the party signs an offer in a real estate transaction handled by
the licensee, whether the licensee represents the buyer, the seller,
both parties, or neither party. The disclosure shall be set forth
in a separate paragraph entitled "Agency Disclosure" in the agreement
between the buyer and seller or in a separate writing entitled "Agency
Disclosure."
(2) Unless otherwise agreed, a licensee owes no duty to conduct
an independent inspection of the property or to conduct an independent
investigation of either party's financial condition, and owes no
duty to independently verify the accuracy or completeness of any
statement made by either party or by any source reasonably believed
by the licensee to be reliable.
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