Effective – 01 Jan 1999
339.810. Misrepresentation, client liability — licensee liability — liability for subagent, limited agent licensee liability — licensee as subagent, liability. — 1. A client shall not be liable for a misrepresentation of such client’s limited agent or subagent arising out of the limited agency agreement unless the client knew or should have known of the misrepresentation.
2. A client shall not be liable for a misrepresentation of such client’s transaction broker arising out of the transaction broker agreement unless the client has actual knowledge of the misrepresentation.
3. A licensee who is serving as a limited agent or subagent of a client shall not be liable for misrepresentation of such licensee’s client arising out of the brokerage agreement unless the licensee knew or should have known of the misrepresentation.
4. A licensee who is serving as a limited agent of a client shall not be liable for a misrepresentation of any subagent unless the licensee knew or should have known of the misrepresentation. A limited agent licensee shall not be liable for misrepresentation of an affiliated licensee unless such limited agent licensee knew or should have known of the misrepresentation.
5. A licensee who is serving as a subagent shall not be liable for a misrepresentation of the limited agent unless the subagent knew or should have known of the misrepresentation.
6. A licensee who is serving as a transaction broker shall not be liable for misrepresentation of such licensee’s client arising out of the brokerage agreement unless the licensee had actual knowledge of the misrepresentation.
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(L. 1996 S.B. 664 § 11, A.L. 1998 H.B. 1601, et al.)
Effective 1-01-99