37-51-315. Vicarious liability.
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/mt/title-37/chapter-51/part-3/37-51-315·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37-51-315 . Vicarious liability.
(1)A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless:
(a)the party has actual knowledge of the misrepresentation; or
(b)the agent or subagent is repeating a misrepresentation made by the party.
(2)A broker is not liable for a misrepresentation made by the broker's subagent unless:
(a)the broker has actual knowledge of the misrepresentation;
(b)the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or
(c)a broker or subagent is repeating a misrepresentation made by the broker.
(3)An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.