Title 10, Chapter 6A, Section 13
( 10-6A-13)
(a) A broker may assign directly or through the adoption of a company policy different licensees affiliated with the broker as designated agents to exclusively represent different clients in the same transaction. In addition, the broker may delegate such assignment responsibility to other management level personnel acting under a company policy. Any company policy adopted to fulfill the requirements of this subsection shall contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter. A designated agent of a seller, landlord, buyer, or tenant shall owe his or her client the duties set forth in Code Section 10-6A-5, 10-6A-6, 10-6A-7, or 10-6A-8 of this chapter, respectively. (b) If a broker appoints different designated agents in accordance
with subsection (a) of this Code section, neither the broker, the
broker's licensees, nor the real estate brokerage firm shall be
deemed to be dual agents. (c) When designated agents are appointed in accordance with
subsection (a) of this Code section, the broker, the clients, and
the designated agents shall be considered to possess only actual
knowledge and information; there shall be no imputation of knowledge
or information between and among the broker, the designated agents,
and the clients. Designated agents shall not disclose, except to
the designated agent's broker, information made confidential by
request or instruction of the client whom the designated agent is
representing, except information allowed to be disclosed by this
Code section or required to be disclosed by this chapter. Unless
required to be disclosed by law, the broker of a designated agent
shall not reveal confidential information it receives from either
the designated agent or the client with whom the designated agent is
working. For the purposes of this Code section, confidential
information shall be deemed to be any information the disclosure of
which has not been consented to by the client that could harm the
negotiating position of the client. (d) The designation of one or more of a broker's affiliated
licensees as designated agents shall not permit the disclosure by
the broker or any of the broker's affiliated licensees of any
information made confidential by an express request or instruction
by a party prior to the creation of the designated agency. The
broker and the broker's affiliated licensees shall continue to
maintain such confidential information unless the party from whom
the confidential information was obtained permits such disclosure by
subsequent word or conduct, or such disclosure is required by law.
No liability shall be created as a result of a broker and the
broker's affiliated licensee's compliance with this subsection. |