Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

49 Pa. Code § 35.314. Duties of dual agent.

§ 35.314. Duties of dual agent.

 (a)  A licensee may act as a dual agent if both parties consent in writing.

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

   (1)  Taking no action that is adverse or detrimental to either party’s interest in the transaction.

   (2)  Unless otherwise agreed in writing, making a continuous and good faith effort to find a buyer/tenant for the property and a property for the buyer/tenant except when the buyer/tenant or seller/landlord is subject to an existing contract.

   (3)  Confidentiality, except that a licensee is required to disclose known material defects about the property.

 (c)  A dual agent does not breach a duty to the seller/landlord by showing properties not owned by the seller/landlord to a prospective buyer/tenant or listing competing properties for sale/lease.

 (d)  A dual agent does not breach a duty to a buyer/tenant by showing a property the buyer/tenant is interested in to other prospective buyer/tenants.

Authority

   The provisions of this §  35.314 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).

Source

   The provisions of this §  35.314 adopted March 29, 2002, effective March 30, 2002, 32 Pa.B. 1644.

Cross References

   This section cited in 49 Pa. Code §  35.315 (relating to duties of designated agent).



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