Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 455.606e - Duties of designated agent(a)(1) In an agency relationship with a principal, the broker may, with the written consent of the principal, designate one or more licensees employed by the broker to serve as the designated agent of the principal to the exclusion of all other licensees employed by the same broker. A broker who represents both the seller/landlord and the buyer/tenant in the same transaction is a dual agent. Dual agency is permitted only as provided in section 606.4. (2) A broker designating licensees to act as designated agents shall take reasonable care to protect any confidential information disclosed by a principal to his or her designated agent.(3) A broker has the responsibility to direct and supervise the business activities of designated agents and thereby owes duties to both the seller/landlord and the buyer/tenant as a dual agent.(b) In addition to the duties generally required of a licensee as set forth in section 606.1, where principals to a transaction are represented by designated agents employed by the same broker, the duties of a designated agent include the following: (1) to be loyal to the principal with whom the agent is working by taking action that is consistent with that principal's interest in the transaction;(2) to make a continuous and good faith effort to find a buyer for a principal who is a seller, or to find a property for a principal who is a buyer. A designated agent is not, however, obligated to seek additional offers for a seller principal while the property is subject to an existing contract for sale or, with regard to a principal buyer, to seek additional properties to purchase while the buyer is a party to an existing contract for purchase; and(3) to disclose to the principal, prior to writing or presenting an offer to purchase, that the other party to the transaction is also represented by a licensee employed with the same broker. The disclosure shall confirm that the broker is a dual agent in the transaction. 1980, Feb. 19, P.L. 15, No. 9, § 606.5, added 1998, Nov. 25, P.L. 908, No. 112, § 5 effective in one year.