76-2419. Dual agent; powers and duties; confidentiality; immunity; imputation of knowledge or information.
(1) A licensee may act as a dual agent only with the informed consent of all parties to the transaction. The informed consent shall be evidenced by a written agreement pursuant to section 76-2422.
(2) A dual agent shall be a limited agent for both the seller and buyer or the landlord and tenant and shall have the duties and obligations required by sections 76-2417 and 76-2418 unless otherwise provided for in this section.
(3) Except as provided in subsections (4) and (5) of this section, a dual agent may disclose any information to one client that the licensee gains from the other client if the information is relevant to the transaction or client. A dual agent shall disclose to both clients all adverse material facts actually known by the licensee.
(4) The following information shall not be disclosed by a dual agent without the informed written consent of the client to whom the information pertains:
(a) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;
(b) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;
(c) What the motivating factors are for any client buying, selling, or leasing the property; and
(d) That a client will agree to financing terms other than those offered.
(5)(a) A dual agent shall not disclose to one client any confidential information about the other client unless the disclosure is required by statute, rule, or regulation or failure to disclose the information would constitute fraudulent misrepresentation.
(b) No cause of action for any person shall arise against a dual agent for making any required or permitted disclosure.
(c) A dual agent does not terminate the dual-agency relationship by making any required or permitted disclosure.
(6) In a dual-agency relationship there shall be no imputation of knowledge or information between any client and the dual agent or among persons within an entity engaged as a dual agent.
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