Current through 2024 Legislative Session Act Chapter 531
Section 2935 - Duty to cooperate(a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer's or client's best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise compensate another licensee. (b) In order to cooperate, licensees shall be reasonably available when requested by their customer or client to: (1) Accept delivery of and present to the customer or client offers and counteroffers to buy, sell, or lease the customer's or client's property, or the property the customer or client seeks to purchase or lease; (2) Assist the customer or client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to offers and counteroffers until the agreement of sale or lease is signed and all contingencies are satisfied or waived; and(3) Answer the customer's or client's questions relating to the offers, counteroffers, notices, negotiations, and contingencies; and (4) Hold the escrow deposit.(c) In order to cooperate, licensees shall be reasonably available when requested by a cooperating licensee to undertake the activities described in subsection (b) of this section, but only after disclosing the request to their customer or client and receiving written authorization to undertake the requested activity. If the customer or client fails to authorize the licensee to undertake the requested activity, the licensee shall not undertake such activity. If the broker's or brokerage organization's business model includes offering all of the services explained in the CIS, rather than having separate charges for distinct real estate services, the CIS is sufficient disclosure or written authorization to undertake the activities described in subsection (b) of this section. 75 Del. Laws, c. 277, § 6; 76 Del. Laws, c. 258, § 9; 78 Del. Laws, c. 166, § 1.;