WILLIAM DONALD SCHAEFER, Governor                           Ch. 719

2. PREPARATION OF AN OFFER ON A PROPERTY AND TO

NEGOTIATE IN THE BEST INTERESTS OF THE BUYER;

(VIII)THE POSSIBILITY THAT A DUAL AGENCY MAY ARISE IN A REAL
ESTATE TRANSACTION AND THE OPTIONS THAT WOULD BECOME AVAILABLE TO
THE BUYER AND SELLER OR LESSEE AND LESSOR; AND

(IX) THAT ANY COMPLAINTS CONCERNING A SELLER'S AGENT,
BUYER'S AGENT, COOPERATING AGENT, OR DUAL AGENT LICENSEE MAY BE FILED
WITH THE STATE REAL ESTATE COMMISSION.

(C)      EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D) OF THIS SECTION,
A LICENSED REAL ESTATE BROKER, LICENSED ASSOCIATE REAL ESTATE BROKER,
OR LICENSED REAL ESTATE SALESPERSON MAY NOT ACT AS A DUAL AGENT IN THIS
STATE.

(D)     (1) (I) IF A LICENSED REAL ESTATE BROKER OR A DESIGNEE OF THE
REAL ESTATE BROKER OBTAINS THE WRITTEN INFORMED CONSENT OF ALL
PARTIES TO A REAL ESTATE TRANSACTION, THE REAL ESTATE BROKER MAY ACT AS
A DUAL AGENT IN THE TRANSACTION.

(II)     WHEN ACTING AS A DUAL AGENT IN A REAL ESTATE
TRANSACTION, A REAL ESTATE BROKER OR A DESIGNEE OF THE REAL ESTATE
BROKER SHALL ASSIGN A LICENSED ASSOCIATE REAL ESTATE BROKER OR
LICENSED REAL ESTATE SALESPERSON AFFILIATED WITH THE REAL ESTATE
BROKER TO ACT AS THE DESIGNATED DUAL AGENT ON BEHALF OF THE SELLER OR
LESSOR AND ANOTHER LICENSED ASSOCIATE REAL ESTATE BROKER OR LICENSED
REAL ESTATE SALESPERSON AFFILIATED WITH THE REAL ESTATE BROKER TO ACT
AS THE DESIGNATED DUAL AGENT ON BEHALF OF THE BUYER OR LESSEE.

(III)    1. EXCEPT AS OTHERWISE REQUIRED BY THIS TITLE AND
EXCEPT TO THE DESIGNATED DUAL AGENT'S REAL ESTATE BROKER OR A
DESIGNEE OF THE REAL ESTATE BROKER, A DESIGNATED DUAL AGENT MAY NOT
DISCLOSE INFORMATION THAT A SELLER OR BUYER IN A REAL ESTATE
TRANSACTION REQUESTED REQUESTS TO REMAIN CONFIDENTIAL.

2. EXCEPT AS OTHERWISE REQUIRED BY THIS TITLE, THE
REAL ESTATE BROKER OR THE DESIGNEE OF THE REAL ESTATE BROKER MAY NOT
DISCLOSE THE CONFIDENTIAL INFORMATION TO THE BUYER OR SELLER OR THE
BUYER OR SELLER'S DUAL AGENT IN THE SAME REAL ESTATE TRANSACTION.

(IV)    IF A REAL ESTATE BROKER OFFERS ANY FINANCIAL BONUSES
TO LICENSED ASSOCIATE REAL ESTATE BROKERS OR LICENSED REAL ESTATE
SALESPERSONS LICENSEES AFFILIATED WITH THE BROKER FOR THE SALE OR LEASE
OF REAL PROPERTY LISTED WITH THE REAL ESTATE BROKER, THE REAL ESTATE
BROKER SHALL PROVIDE TO EACH PARTY TO A REAL ESTATE TRANSACTION A
STATEMENT THAT DESCRIBES THE DISCLOSES THAT FINANCIAL BONUSES ARE
OFFERED AND THE AMOUNT OF THE BONUSES OR THE METHOD FOR CALCULATION
OF THE BONUSES.

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