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DUTIES OF
A BUYER'S AGENT.
(1) Unless additional
duties are agreed to in writing signed by a buyer's agent, the duties
of a buyer'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 buyer by taking no action
that is adverse or detrimental to the buyer's interest in a transaction;
(b) To timely disclose to the buyer any conflicts
of interest;
(c) To advise the buyer 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 buyer, except under subpoena or court order, even
after termination of the agency relationship, and;
(e) Unless otherwise agreed to in writing after
the buyer's agent has complied with section 3(1)(f) of this act,
to make a good faith and continuous effort to find a property for
the buyer; except that a buyer's agent is not obligated to:
(i) seek additional properties
to purchase while the buyer is a party to
an existing contract to purchase; or
(ii) show properties as to which
there is no written agreement to pay compensation to the buyer's
agent.
(2) (a) The showing of property in which a buyer is interested to
other prospective buyers by a buyer's agent does not in and of itself
breach the duty of loyalty to the buyer or create a conflict of
interest.
(b) The representation of more than one buyer by different licensees
affiliated with the same broker in competing transactions involving
the same property does not in and of itself breach the duty of loyalty
to the buyers or create a conflict of interest.
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