Section 455.606a - Duties of licensee generally(a) Regardless of whether a licensee is acting within the scope of an agency relationship with a consumer, a licensee owes to all consumers to whom the licensee renders real estate services the following duties, which may not be waived: (1) to exercise reasonable professional skill and care which meets the practice standards required by this act;(2) to deal honestly and in good faith;(3) to present all written offers, written notices and other written communications to and from parties to a real estate transaction in a timely manner, except that the duty of a licensee under this paragraph to present written offers may be waived by a seller of a property that is subject to an existing contract for sale if: (i) the waiver is in writing; and(ii) the waiver is in the manner prescribed by the commission by regulation;(4) to comply with those obligations imposed upon a licensee by the act of July 2, 1996 (P.L. 500, No. 84) , known as the "Real Estate Seller Disclosure Act";(5) to account in a timely manner for all money and property received from or on behalf of any consumer to a transaction consistent with the provisions of section 608.5; (6) to provide the consumer with information at the initial interview pursuant to section 608 ; (7) to timely disclose to the consumer any conflicts of interest;(8) to advise the consumer to seek expert advice on matters relating to the transaction that are beyond the licensee's expertise;(9) to ensure that all services that are to be provided to the consumer are provided in a reasonable, professional and competent manner in accordance with the practice standards of this act;(10) to advise the consumer regarding the status of the transaction;(11) to advise the consumer of tasks that must be completed to satisfy an agreement or condition for settlement, provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions;(12) to present all offers and counter offers in a timely manner, unless a party has directed the licensee otherwise in writing; and(13) to provide disclosure to the consumer regarding any financial interest, including, but not limited to, a referral fee or commission, which a licensee has in any services to be provided to the consumer by any other person, including, but not limited to, financial services, title transfer and preparation services, insurance, construction, repair or inspection services. The licensee shall also provide disclosure regarding any financial interest which an affiliated licensee may have in any services to be provided to the consumer by any other person. The disclosures required by this paragraph shall be made at the time the licensee first recommends that the consumer purchase a service in which the licensee or an affiliated licensee has a financial interest or when the licensee first learns that the consumer will be purchasing a service in which the licensee or an affiliated licensee has a financial interest.(14) A licensee must report to the commission within 30 days of forming or joining a qualified association all of the following:(i) Name of the qualified association.(ii) Names of the owners of the qualified association.(iii) The jurisdiction where the qualified association is registered.(iv) Date the qualified association was registered.(v) Changes in ownership of the qualified association.(b)(1) A licensee may not perform a service for a consumer of real estate services for a fee, commission or other valuable consideration paid by or on behalf of the consumer unless the nature of the service and the fee to be charged are set forth in a written agreement between the broker and the consumer that is signed by the consumer. This paragraph shall not prohibit a licensee from performing services before such an agreement is signed, but the licensee is not entitled to recover a fee, commission or other valuable consideration in the absence of such a signed agreement.(2) Notwithstanding paragraph (1), an open listing agreement or a nonexclusive agreement for a licensee to act as a buyer/tenant agent may be oral if the seller or buyer is provided with a written memorandum stating the terms of the agreement.(3) Nothing in this subsection shall require a transaction licensee or subagent who is cooperating with the listing broker to obtain a written agreement from the seller.(4) A subagent or transaction licensee who is cooperating with the listing broker for a fee paid by the listing broker or seller shall provide the buyer, prior to performing any services, with a written disclosure statement signed by the buyer, describing the nature of the services to be performed by the subagent or transaction licensee and containing the information required by section 608. If the buyer refuses to sign the statement, the licensee shall note the refusal on the statement and retain it for six months.(c) A broker may not extend or delegate the broker's agency relationship with a principal to another broker without the written consent of the principal.(d) A broker may compensate another broker who assists in the marketing and sale/lease of a consumer's property. Payment of compensation alone does not create an agency relationship between the consumer and the other broker.(e) The fact that a licensee representing a seller/landlord also presents alternative properties to prospective buyer/tenants does not in itself constitute a breach of a duty or obligation owed by the licensee to the seller/landlord.(f) The fact that a licensee representing a buyer/tenant also presents alternative properties in which that buyer/tenant is interested to other prospective buyer/tenants does not in itself constitute a breach of a duty or obligation owed by the licensee to that buyer/tenant.(g) A licensee may not knowingly, during or following the termination of an agency relationship reveal confidential information of the principal, or use confidential information of the principal to the advantage of the licensee or a third party, except when:(1) disclosure is made with the consent of the principal;(2) the information is disclosed to another licensee or third party acting solely on the principal's behalf and not for any other party;(3) the information is required to be disclosed under subpoena or court order;(4) it is the intention of the principal to commit a crime and the disclosure of information is believed necessary to prevent the crime; or(5) the information is used to defend the licensee in a legal proceeding against an accusation of wrongful conduct.(h) A consumer of real estate services shall not be liable for the acts of a licensee unless the licensee is acting pursuant to the express direction of the consumer or the licensee is acting based upon a representation of the consumer reasonably relied upon by the licensee. A licensee shall not be liable for acts of a consumer of real estate services unless the consumer is acting at the express direction of the licensee or the consumer is acting as a result of a representation by a licensee reasonably relied on by the consumer.(i) Unless otherwise agreed, a licensee owes no duty to conduct an independent inspection of the property and owes no duty to independently verify the accuracy or completeness of any representation made by a consumer to a transaction reasonably believed by the licensee to be accurate and reliable.(j) Nothing in this section shall be construed to relieve a licensee of any duty imposed by another provision of this act. 1980 , Feb. 19, P.L. 15, No. 9, § 606.1, added 1998, Nov. 25, P.L. 908, No. 112, § 5 effective in one year. Amended 2000, June 22, P.L. 371, No. 47, § 1, imd. effective; 2009, July 6, P.L. 58, No. 14, §3, effective in 60 days [ 9/4/2009].