HOUSE BILL No. 4850

May 31, 2005, Introduced by Reps. Green, Schuitmaker, Jones, Gaffney, McDowell, Wojno, Alma Smith, Lemmons, Jr., Sheltrown, Palsrok and Lemmons, III and referred to the Committee on Regulatory Reform.

 

      A bill to amend 1980 PA 299, entitled

 

"Occupational code,"

 

by amending section 2517 (MCL 339.2517), as amended by 2000 PA

 

436.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 2517. (1) A licensee shall disclose to a potential

 

 2  buyer or seller in a real estate transaction all types of agency

 

 3  relationships available and the licensee's duties that each

 

 4  agency relationship creates before the disclosure by the

 

 5  potential buyer or seller to the licensee of any confidential

 

 6  information specific to that potential buyer or seller.

 

 7        (2) The disclosure of the type of agency relationship shall

 


 1  be in writing and substantially conform to the following:

 

 2      DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

 

 3        Before you disclose confidential information to a real

 

 4  estate licensee regarding a real estate transaction, you should

 

 5  understand what type of agency relationship you have with that

 

 6  licensee. A real estate transaction is a transaction involving

 

 7  the sale or lease of any legal or equitable interest in real

 

 8  estate consisting of not less than 1 or not more than 4

 

 9  residential dwelling units or consisting of a building site for a

 

10  residential unit on either a lot as defined in section 102 of the

 

11  land division act, 1967 PA 288, MCL 560.102, or a condominium

 

12  unit as defined in section 4 of the condominium act, 1978 PA 59,

 

13  MCL 559.104.

 

14        Michigan law requires real estate licensees who are acting

 

15  as agents of sellers or buyers of real property to advise the

 

16  potential sellers or buyers with whom they work of the nature of

 

17  their agency relationship.

 

18                         Seller's Agents

 

19        A seller's agent, under a listing agreement with the seller,

 

20  acts solely on behalf of the seller. A seller can authorize a

 

21  seller's agent to work with subagents, buyer's agents and/or

 

22  transaction coordinators. A subagent is one who has agreed to

 

23  work with the listing agent, and who, like the listing agent,

 

24  acts solely on behalf of the seller. Seller's agents and

 

25  subagents will disclose to the seller known information about the

 

26  buyer which may be used to the benefit of the seller. A seller's

 

27  agent providing services under an exclusive service provision

 


 1  agreement owes the following duties to the client: (1) Marketing

 

 2  of the client's property in the manner agreed upon in the

 

 3  agreement; (2) Acceptance of delivery and presentation of offers

 

 4  and counteroffers to buy, sell, or lease the client's property;

 

 5  (3) Assistance in developing, communicating, negotiating, and

 

 6  presenting offers, counteroffers, and related notices or

 

 7  documents until a purchase or lease agreement is executed by all

 

 8  parties and all contingencies are satisfied or waived; (4) After

 

 9  execution of a purchase agreement, assistance as necessary to

 

10  complete the transaction under the terms specified in the

 

11  purchase agreement; (5) Furnishing, or causing to be furnished, a

 

12  complete and detailed closing statement.

 

13                          Buyer's Agents

 

14        A buyer's agent, under a buyer's agency agreement with the

 

15  buyer, acts solely on behalf of the buyer. Buyer's agents and

 

16  subagents will disclose to the buyer known information about the

 

17  seller which may be used to benefit the buyer.

 

18                           Dual Agents

 

19        A real estate licensee can be the agent of both the seller

 

20  and the buyer in a transaction, but only with the knowledge and

 

21  informed consent, in writing, of both the seller and the buyer.

 

22        In such a dual agency situation, the licensee will not be

 

23  able to disclose all known information to either the seller or

 

24  the buyer.

 

25        The obligations of a dual agent are subject to any specific

 

26  provisions set forth in any agreement between the dual agent, the

 

27  seller, and the buyer.

 


 1                 Licensee Disclosure (check one)

 

 2        I hereby disclose that the agency status of the licensee

 

 3  named below is:

 

 4        _____ Seller's Agent

 

 5        _____ Buyer's Agent

 

 6        _____ Dual Agent

 

 7        _____ None of the above

 

 8            Affiliated Licensee Disclosure (check one)

 

 9        _____Only the licensee's broker and a named supervisory

 

10  broker have the same agency relationship as the licensee named

 

11  below. If the other party in a transaction is represented by an

 

12  affiliated licensee, then the licensee's broker and all named

 

13  supervisory brokers shall be considered disclosed consensual dual

 

14  agents.

 

15        _____All affiliated licensees have the same agency

 

16  relationship as the licensee named below.

 

17        Further, this form was provided to the buyer or seller

 

18  before disclosure of any confidential information.

 

 

19                                             

20 Licensee                           Date

21                                             

22 Licensee                           Date

 

 

23                          Acknowledgment

 

24        By signing below, the parties confirm that they have

 

25  received and read the information in this agency disclosure

 

26  statement and that this form was provided to them before the

 

27  disclosure of any confidential information specific to the


 

 1  potential sellers or buyers.

 

 

2_                                                       

Potential Buyer/Seller (circle one)        Date

4_                                                       

Potential Buyer/Seller (circle one)        Date

 

 

 6        (3) This article does not prevent a licensee from acting as

 

 7  a transaction coordinator upon proper notice to all parties to a

 

 8  real estate transaction.

 

 9        (4) A broker and a client may enter into a designated agency

 

10  agreement. In the absence of a written designated agency

 

11  agreement, a client is considered to have an agency relationship

 

12  with the broker and all affiliated licensees.

 

13        (5) A designated agency agreement shall contain the name of

 

14  all associate brokers who are authorized to act as supervisory

 

15  brokers. If designated agents who are affiliated licensees

 

16  represent different parties in the same real estate transaction,

 

17  the broker and all supervisory brokers are considered disclosed

 

18  consensual dual agents for that real estate transaction.

 

19  Designated agents who are affiliated licensees representing

 

20  different parties in the same transaction shall notify their

 

21  clients that their broker represents both buyer and seller before

 

22  an offer to purchase is made or presented.

 

23        (6) Except as otherwise provided in subsection (5), a client

 

24  with a designated agency agreement is not considered to have an

 

25  agency relationship with any affiliated licensees of the

 

26  designated agent. Two designated agents who are affiliated

 


 1  licensees may each represent a different party in the same

 

 2  transaction and shall not be considered dual agents. The

 

 3  designated agent's knowledge of confidential information of a

 

 4  client is not imputed to any affiliated licensee not having an

 

 5  agency relationship with that client.

 

 6        (7) A designated agent shall not disclose confidential

 

 7  information of a client to any licensee, whether or not an

 

 8  affiliated licensee, except that a designated agent may disclose

 

 9  to any supervisory broker confidential information of a client

 

10  for purposes of seeking advice or assistance for the benefit of

 

11  the client. A licensee who represents a client in an agency

 

12  capacity does not breach any duty or obligation owed to that

 

13  client by failing to disclose to that client information obtained

 

14  through a present or prior agency relationship.

 

15        (8) A listing agreement or a buyer's agency agreement may be

 

16  amended to establish a designated agency relationship, to change

 

17  a designated agent, or to change supervisory brokers at any time

 

18  pursuant to a written addendum signed by the parties.

 

19        (9) As used in this section:

 

20        (a) "Affiliated licensees" means individuals licensed as

 

21  salespersons or associate brokers who are employed by the same

 

22  broker.

 

23        (b) "Buyer" means a purchaser, tenant, or lessee of any

 

24  legal or equitable interest in real estate.

 

25        (c) "Buyer's agent" means a licensee acting on behalf of the

 

26  buyer in a real estate transaction who undertakes to accept the

 

27  responsibility of serving the buyer consistent with those

 


 1  fiduciary duties existing under common law.

 

 2        (d) "Designated agent" means an individual salesperson or an

 

 3  associate broker who is designated by the broker as the client's

 

 4  legal agent pursuant to a designated agency agreement.

 

 5        (e) "Designated agency agreement" means a written agreement

 

 6  between a broker and a client in which an individual salesperson

 

 7  or associate broker affiliated with that broker is named as that

 

 8  client's designated agent.

 

 9        (f) "Dual agent" means a licensee who is acting as the agent

 

10  of both the buyer and the seller and provides services to

 

11  complete a real estate transaction without the full range of

 

12  fiduciary duties owed by a buyer's agent and a seller's agent.

 

13        (g) "Real estate transaction" means the sale or lease of any

 

14  legal or equitable interest in real estate where the interest in

 

15  real estate consists of not less than 1 or not more than 4

 

16  residential dwelling units or consists of a building site for a

 

17  residential unit on either a lot as defined in section 102 of the

 

18  land division act, 1967 PA 288, MCL 560.102, or a condominium

 

19  unit as defined in section 4 of the condominium act, 1978 PA 59,

 

20  MCL 559.104.

 

21        (h) "Seller" means the equitable or legal owner of real

 

22  estate.

 

23        (i) "Seller's agent" means a licensee acting on behalf of

 

24  the seller in a real estate transaction who undertakes to accept

 

25  the responsibility of serving the seller consistent with those

 

26  fiduciary duties existing under common law.

 

27        (j) "Supervisory broker" means an associate broker

 


 1  designated in a written agency agreement to act in a supervisory

 

 2  role in an agency relationship.

 

 3        (k) "Transaction coordinator" means a licensee who is not

 

 4  acting as the agent of either the buyer or the seller.

 

 5        Enacting section 1.  This amendatory act does not take

 

 6  effect unless Senate Bill No.____ or House Bill No. 4849(request

 

 7  no. 03308'05) of the 93rd Legislature is enacted into law.