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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

49 Pa. Code § 35.312. Duties of seller’s agent.

§ 35.312. Duties of seller’s agent.

 (a)  In addition to the duties required in §  35.292 (relating to duties of licensees generally), a seller’s agent owes the additional duties of:

   (1)  Loyalty to the seller/landlord by acting in the seller’s/landlord’s best interest.

   (2)  Confidentiality, except that a licensee has a duty to reveal known material defects about the property.

   (3)  Making a continuous and good faith effort to find a buyer/tenant for the property except when the property is subject to an existing agreement of sale/lease.

   (4)  Disclosure to other parties in the transaction that the licensee has been engaged as a seller’s agent.

 (b)  A licensee does not breach a duty to a seller/landlord by showing alternative properties to a prospective buyer/tenant or listing competing properties.

 (c)  A seller’s agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations to the seller/landlord as the seller’s agent.

 (d)  A seller’s agent may also compensate a buyer’s agent and a transaction licensee who do not have the same duties and obligations to the seller/landlord as the seller’s agent.

 (e)  Upon entering into a written agreement with the seller/landlord, each licensee employed by the broker will act as a seller’s agent unless a licensee has been named, or is thereafter named, a designated agent under §  35.315 (relating to designated agency).


   The provisions of this §  35.312 issued under sections 404, 606—606.6 and 608—608.3 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.404, 455.606—455.606f and 455.608—455.608c).


   The provisions of this §  35.312 adopted March 29, 2002, effective March 30, 2002, 32 Pa.B. 1644.

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