Dual agent, consent--dual agent as limited agent--disclosure ofnonconfidential information, when--nondisclosure of information,when--confidential information--no imputation of information.
339.750. 1. A licensee may act as a dual agent only with the consentof all parties to the transaction. Consent shall be presumed by a writtenagreement pursuant to section 339.780.
2. A dual agent shall be a limited agent for both the seller andbuyer or the landlord and tenant and shall have the duties and obligationsrequired by sections 339.730 and 339.740 unless otherwise provided for inthis section.
3. Except as provided in subsections 4 and 5 of this section, a dualagent may disclose any information to one client that the licensee gainsfrom the other client if the information is material to the transactionunless it is confidential information as defined in section 339.710.
4. The following information shall not be disclosed by a dual agentwithout the consent of the client to whom the information pertains:
(1) That a buyer or tenant is willing to pay more than the purchaseprice or lease rate offered for the property;
(2) That a seller or landlord is willing to accept less than theasking price or lease rate for the property;
(3) What the motivating factors are for any client buying, selling,or leasing the property;
(4) That a client will agree to financing terms other than thoseoffered; and
(5) The terms of any prior offers or counter offers made by anyparty.
5. A dual agent shall not disclose to one client any confidentialinformation about the other client unless the disclosure is required bystatute, rule, or regulation or failure to disclose the information wouldconstitute a misrepresentation or unless disclosure is necessary to defendthe affiliated licensee against an action of wrongful conduct in anadministrative or judicial proceeding or before a professional committee.No cause of action for any person shall arise against a dual agent formaking any required or permitted disclosure. A dual agent does notterminate the dual agency relationship by making any required or permitteddisclosure.
6. In a dual agency relationship there shall be no imputation ofknowledge or information between the client and the dual agent or amongpersons within an entity engaged as a dual agent.
Dual agent, consent--dual agent as limited agent--disclosure ofnonconfidential information, when--nondisclosure of information,when--confidential information--no imputation of information.
339.750. 1. A licensee may act as a dual agent only with the consentof all parties to the transaction. Consent shall be presumed by a writtenagreement pursuant to section 339.780.
2. A dual agent shall be a limited agent for both the seller andbuyer or the landlord and tenant and shall have the duties and obligationsrequired by sections 339.730 and 339.740 unless otherwise provided for inthis section.
3. Except as provided in subsections 4 and 5 of this section, a dualagent may disclose any information to one client that the licensee gainsfrom the other client if the information is material to the transactionunless it is confidential information as defined in section 339.710.
4. The following information shall not be disclosed by a dual agentwithout the consent of the client to whom the information pertains:
(1) That a buyer or tenant is willing to pay more than the purchaseprice or lease rate offered for the property;
(2) That a seller or landlord is willing to accept less than theasking price or lease rate for the property;
(3) What the motivating factors are for any client buying, selling,or leasing the property;
(4) That a client will agree to financing terms other than thoseoffered; and
(5) The terms of any prior offers or counter offers made by anyparty.
5. A dual agent shall not disclose to one client any confidentialinformation about the other client unless the disclosure is required bystatute, rule, or regulation or failure to disclose the information wouldconstitute a misrepresentation or unless disclosure is necessary to defendthe affiliated licensee against an action of wrongful conduct in anadministrative or judicial proceeding or before a professional committee.No cause of action for any person shall arise against a dual agent formaking any required or permitted disclosure. A dual agent does notterminate the dual agency relationship by making any required or permitteddisclosure.
6. In a dual agency relationship there shall be no imputation ofknowledge or information between the client and the dual agent or amongpersons within an entity engaged as a dual agent.
Dual agent, consent--dual agent as limited agent--disclosure ofnonconfidential information, when--nondisclosure of information,when--confidential information--no imputation of information.
339.750. 1. A licensee may act as a dual agent only with the consentof all parties to the transaction. Consent shall be presumed by a writtenagreement pursuant to section 339.780.
2. A dual agent shall be a limited agent for both the seller andbuyer or the landlord and tenant and shall have the duties and obligationsrequired by sections 339.730 and 339.740 unless otherwise provided for inthis section.
3. Except as provided in subsections 4 and 5 of this section, a dualagent may disclose any information to one client that the licensee gainsfrom the other client if the information is material to the transactionunless it is confidential information as defined in section 339.710.
4. The following information shall not be disclosed by a dual agentwithout the consent of the client to whom the information pertains:
(1) That a buyer or tenant is willing to pay more than the purchaseprice or lease rate offered for the property;
(2) That a seller or landlord is willing to accept less than theasking price or lease rate for the property;
(3) What the motivating factors are for any client buying, selling,or leasing the property;
(4) That a client will agree to financing terms other than thoseoffered; and
(5) The terms of any prior offers or counter offers made by anyparty.
5. A dual agent shall not disclose to one client any confidentialinformation about the other client unless the disclosure is required bystatute, rule, or regulation or failure to disclose the information wouldconstitute a misrepresentation or unless disclosure is necessary to defendthe affiliated licensee against an action of wrongful conduct in anadministrative or judicial proceeding or before a professional committee.No cause of action for any person shall arise against a dual agent formaking any required or permitted disclosure. A dual agent does notterminate the dual agency relationship by making any required or permitteddisclosure.
6. In a dual agency relationship there shall be no imputation ofknowledge or information between the client and the dual agent or amongpersons within an entity engaged as a dual agent.
