Section 08.88.396. Licensee relationships, disclosures, and activity before January 1, 2005.

   (a) A person licensed under this chapter shall, when acting as a real estate licensee for a prospective seller or lessor of real estate,
        (1) disclose in writing the licensee's agency relationship with the seller or lessor to each prospective buyer or lessee at the time that the licensee begins to provide specific assistance to locate or acquire real estate for the buyer or lessee, and obtain from each prospective buyer or lessee a signed acknowledgment that the buyer or lessee is aware of the agency relationship between the licensee and the seller or lessor; and
        (2) include in the purchase agreement a statement of the agency relationship between the licensee and the seller or lessor.
   (b) A person licensed under this chapter shall, when acting as a real estate licensee for a prospective buyer or lessee of real estate,
        (1) disclose the licensee's relationship with the buyer or lessee to a prospective seller or lessor of real estate, or to the seller's or lessor's real estate licensee, at the time of the initial contact between the licensee and the prospective seller or lessor, or the seller's or lessor's real estate licensee, and confirm the relationship in writing as soon as possible after the initial contact;
        (2) include in the purchase agreement a statement of the agency relationship between the licensee and the buyer or lessee;
        (3) if the prospective seller or lessor has an unexpired exclusive listing contract for a property, present all offers to purchase that property through the seller's or lessor's real estate licensee; and
        (4) disclose in writing to all parties to a transaction when the licensee's compensation as real estate licensee for the buyer or lessee is to be paid by anyone other than the buyer or lessee being represented by the licensee.
   (c) A person licensed under this chapter may act as a real estate licensee for both a prospective seller or lessor and a prospective buyer or lessee of real estate only after the licensee informs both the seller or lessor and the buyer or lessee of the dual agency representation and obtains written consent to the dual agency representation from both principals.
   (d) When a change occurs during a transaction that makes a prior written disclosure required by this section incomplete, misleading, or inaccurate, the licensee shall make a revised disclosure, in writing, to all parties to the transaction as soon as possible. The revised disclosure must include the date of the revision and shall be acknowledged in writing by all the parties. However, until the nature of the licensee's relationship with a party is completely established, a revised disclosure is not required under this subsection if the licensee obtains from the party a written preauthorized consent to changes before the changes occur.
   (e) In a civil action for the failure of a licensee to comply with the provisions of this section, the plaintiff's remedy is limited to the recovery of actual damages. This subsection does not limit a person's ability to take any other action or pursue any other remedy to which the person may be entitled under other law.
   (f) This section applies only to acts that occur before January 1, 2005.

Authorities

8.88.071

Notes

Recent Bills that will modify this

SB 76 REAL ESTATE BROKERS; LIABILITY

References

AS 8.88.071 .071">Sec. 08.88.071. Duties and powers of the commission; grounds for disciplinary sanctions.

History

(Sec. 1 ch 113 SLA 1990; am Sec. 31 ch 45 SLA 1998; am Sec. 3, 4 ch 128 SLA 2003; am Sec. 4 ch 105 SLA 2004)