Sec. 08.88.645. Duties of neutral licensee.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless additional duties are agreed to in a written document signed by the neutral licensee and the seller, buyer, lessor, or lessee, the duties of a neutral licensee are limited to the duties established for real estate licensees under AS 08.88.615 and the following duties:

(1)not to take action that the neutral licensee knows is adverse or detrimental to the interest of the persons to whom the neutral licensee provides services in the real estate transaction;

(2)to disclose a conflict of interest in a timely manner to all parties to whom the licensee provides specific assistance;

(3)to advise all parties to whom the licensee provides specific assistance for the transaction to obtain expert advice on a matter relating to the transaction that is beyond the expertise of the neutral licensee;

(4)not to disclose without written consent confidential information from or about any of the parties to whom the licensee is providing specific assistance to another party to whom the licensee is providing specific assistance in the transaction, except under a subpoena or another court order, even after the relationship with the party terminates;

(5)not to disclose without the consent of the person to whom the information relates

(A)that the buyer or lessee is willing to pay more than the price offered for the real estate;

(B)that the seller or lessor is willing to accept less than the asking price for the real estate; or

(C)that the seller, buyer, lessor, or lessee will agree to financing terms other than those terms offered.

(b)A neutral licensee does not violate the duties of a neutral licensee if, with written consent, the neutral licensee engages in the following conduct in a good faith effort to assist in reaching final agreement in a real estate transaction:

(1)analyzing, providing information on, or reporting on the merits of the transaction to each party;

(2)discussing the price, terms, or conditions that each party would or should offer or accept; or

(3)suggesting compromises in the parties' respective bargaining positions.