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DUTIES OF
A SELLER'S AGENT.
(1) Unless additional
duties are agreed to in writing signed by a seller's agent, the
duties of a seller's agent are limited to those set forth in section
3 of this act and the following, which may not be waived except
as expressly set forth in (e) of this subsection:
(a) To be loyal to the seller by taking no action that is adverse
or detrimental to the seller's interest in a transaction;
(b) To timely disclose to the seller any conflicts of interest;
(c) To advise the seller to seek expert advice on matters relating
to the transaction that are beyond the agent's expertise;
(d) Not to disclose any confidential information from or about the
seller, except under subpoena or court order, even after termination
of the agency relationship; and
(e) Unless otherwise agreed to in writing after the seller's agent
has complied with section 3(1)(f) of this act, to make a good faith
and continuous effort to find a buyer for the property; except that
a seller's agent is not obligated to seek additional offers to purchase
the property while the property is subject to an existing contract
for sale.
(2) (a) The showing of properties not owned by the seller to prospective
buyers or the listing of competing properties for sale by a seller's
agent does not in and of itself breach the duty of loyalty to the
seller or create a conflict of interest.
(b) The representation of more than one seller by different licensees
affiliated with the same broker in competing transactions involving
the same buyer does not in and of itself breach the duty of loyalty
to the sellers or create a conflict of interest.
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