Title 10, Chapter 6A, Section 14
( 10-6A-14)
(a) A broker acting as a transaction broker may provide assistance
to buyers, sellers, tenants, and landlords by performing ministerial
acts. Examples of ministerial acts which can be performed by the
transaction broker on behalf of any of the parties in a real estate
transaction include without limitation the following: (1) Identifying property for sale, lease, or exchange; (2) Providing real estate statistics and information on property; (3) Providing pre-printed real estate form contracts, leases, and
related exhibits and addenda; (4) Acting as a scribe in the preparation of real estate form
contracts, leases, and related exhibits and addenda; (5) Locating architects, engineers, surveyors, inspectors,
lenders, insurance agents, attorneys, and other professionals; and (6) Identifying schools, shopping facilities, places of worship,
and other similar facilities on behalf of any of the parties in a
real estate transaction. (b) A broker acting as a transaction broker shall do the following: (1) Timely present all offers to and from the parties involving
the sale, lease, and exchange of property; (2) Timely account for all money and property received by the
broker on behalf of a party in a real estate transaction; (3) Timely disclose the following to all buyers and tenants with
whom the broker is working: (A) All adverse material facts pertaining to the physical
condition of the property and improvements located thereon
including but not limited to material defects in the property,
environmental contamination, and facts required by statute or
regulation to be disclosed which are actually known by the
broker which could not be discovered by a reasonably diligent
inspection of the property by the buyer; and (B) All material facts pertaining to existing adverse physical
conditions in the immediate neighborhood within one mile of the
property which are actually known to the broker and which could
not be discovered by the buyer upon a diligent inspection of the
neighborhood or through the review of reasonably available
governmental regulations, documents, records, maps, and
statistics. Examples of reasonably available governmental
regulations, documents, records, maps, and statistics shall
include without limitation: land use maps and plans; zoning
ordinances; recorded plats and surveys; transportation maps and
plans; maps of flood plains; crime statistics; tax maps; school
district boundary maps; and maps showing the boundary lines of
governmental jurisdictions. (c) Transaction brokers shall not knowingly give any party in a real
estate transaction false information; provided, however, that a
broker shall not be liable to a party for providing false
information to the party if broker did not have actual knowledge
that the information was false and discloses to the party the source
of the information. Nothing in this subsection shall limit any
obligation of a seller under any applicable law to disclose to
prospective buyers all adverse material facts actually known by the
seller pertaining to the physical condition of the property nor
shall it limit the obligation of prospective buyers to inspect and
to familiarize themselves with potentially adverse conditions
related to the physical condition of the property, any improvements
located thereon, and the neighborhood in which the property is
located. No cause of action shall arise on behalf of any person
against a broker for revealing information in compliance with this
subsection. No broker shall be liable for failure to disclose any
matter other than those matters enumerated in this subsection.
Violations of this subsection shall not create liability on the part
of the broker absent a finding of fraud on the part of the broker. |