Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 08.88.695 - Definitions for AS 08.88.600 - 08.88.695In AS 08.88.600 - 08.88.695,
(1) "compensation" includes a commission;(2) "confidential information" means information from or concerning a person that (A) the licensee acquired during the course of the licensee's relationship as a licensee with the person;(B) the person reasonably expects to be kept confidential;(C) the person has not disclosed or authorized to be disclosed to a third party;(D) would, if disclosed, operate to the detriment of the person; and(E) the person is not obligated to disclose to the other party in a real estate transaction;(3) "designated licensee" means(A) a real estate licensee who works for a real estate broker and represents or provides specific assistance to a person in a real estate transaction when another licensee who is working for the same broker represents or provides specific assistance to an unrepresented person in the same transaction; or(B) a real estate broker who represents or provides specific assistance to a person in a real estate transaction when another licensee who is working for the broker represents or provides specific assistance to another person in the same transaction;(4) "neutral licensee" means a real estate licensee who(A) provides specific assistance to both the buyer and the seller, or both the lessor and the lessee, in a real estate transaction; and(B) does not represent either party;(5) "personal services contract" includes a listing, a fee agreement between brokers and sellers, buyers, lessors, or lessees, a management contract with property owners, or any other agreement by which a broker agrees to perform a duty with respect to real estate for an agreed upon fee or commission;(6) "real estate services" means services related to a real estate transaction;(7) "represent" means to provide real estate services to a person if the services are not limited to specific assistance;(8) "specific assistance"(A) means (i) asking questions regarding confidential information for a real estate transaction;(ii) showing pieces of real estate selected for a buyer's or lessee's specific needs or desires;(iii) preparing a written offer for a real estate transaction; or(iv) entering into a personal services contract;(B) does not include (i) hosting an open house;(ii) casual conversation regarding real estate;(iii) receiving calls or electronic inquiries from the licensee's signs, advertisements, or Internet site;(iv) providing information regarding a piece of real estate;(v) setting an initial appointment to show a piece of real estate;(vi) receiving unsolicited information from a buyer or lessee before or after disclosure of a real estate relationship.