CARE IN PERFORMANCE OF THE AGENT'S
DUTIES.
B. A DUTY OF HONEST AND FAIR DEALING AND GOOD FAITH.
C. A DUTY TO
DISCLOSE ALL FACTS KNOWN TO THE AGENT MATERIALLY AFFECTING THE VALUE OR
DESIRABILITY OF THE PROPERTY THAT ARE NOT KNOWN TO, OR WITHIN THE DILIGENT
ATTENTION AND OBSERVATION OF, THE PARTIES.
AN AGENT IS NOT OBLIGATED TO REVEAL
TO EITHER PARTY ANY CONFIDENTIAL INFORMATION OBTAINED FROM THE OTHER PARTY WHICH
DOES NOT INVOLVE THE AFFIRMATIVE DUTIES SET FORTH ABOVE.
(C)
AGENT REPRESENTING BOTH SELLER AND BUYER.
A REAL ESTATE AGENT, EITHER ACTING DIRECTLY OR THROUGH ONE OR MORE ASSOCIATE
LICENSES, CAN LEGALLY BE THE AGENT OF BOTH THE SELLER AND THE BUYER IN A
TRANSACTION, BUT ONLY WITH THE KNOWLEDGE AND CONSENT OF BOTH THE SELLER AND THE
BUYER.
(1) IN A DUAL AGENCY SITUATION, THE AGENT HAS THE FOLLOWING AFFIRMATIVE
OBLIGATIONS TO BOTH THE SELLER AND THE BUYER:
A. A FIDUCIARY DUTY OF UTMOST
CARE, INTEGRITY, HONESTY AND LOYALTY IN THE DEALINGS WITH EITHER SELLER OR THE
BUYER.
B. OTHER DUTIES TO THE SELLER AND THE BUYER AS STATED ABOVE IN THEIR
RESPECTIVE SECTIONS (A) OR (B) OF THIS PARAGRAPH 24.2.
(2) IN REPRESENTING BOTH
SELLER AND BUYER, THE AGENT MAY NOT WITHOUT THE EXPRESS PERMISSION OF THE
RESPECTIVE PARTY, DISCLOSE TO THE OTHER PARTY THAT THE SELLER WILL ACCEPT A
PRICE LESS THAN THE LISTING PRICE OR THAT THE BUYER WILL PAY A PRICE GREATER
THAN THE PRICE OFFERED.
(3) THE ABOVE DUTIES OF THE AGENT IN A REAL ESTATE
TRANSACTION DO NOT RELIEVE A SELLER OR BUYER FROM THE RESPONSIBILITY TO PROTECT
THEIR OWN INTERESTS.
BUYER AND SELLER SHOULD CAREFULLY READ ALL AGREEMENTS TO
ASSURE THAT THEY ADEQUATELY EXPRESS THEIR UNDERSTANDING OF THE TRANSACTION.
A
REAL ESTATE AGENT IS A PERSON QUALIFIED TO ADVISE ABOUT REAL ESTATE.
IF LEGAL
OR TAX ADVICE IS DESIRED, CONSULT A COMPETENT PROFESSIONAL.
(D)
FURTHER DISCLOSURES.
THROUGHOUT THIS
TRANSACTION BUYER AND SELLER MAY RECEIVE MORE THAN ONE DISCLOSURE, DEPENDING
UPON THE NUMBER OF AGENTS ASSISTING IN THE TRANSACTION. BUYER AND SELLER SHOULD
EACH READ ITS CONTENTS EACH TIME IT IS PRESENTED, CONSIDERING THE RELATIONSHIP
BETWEEN THEM AND THE REAL ESTATE AGENT IN THIS TRANSACTION AND THAT DISCLOSURE.
BROKERS HAVE NO RESPONSIBILITY WITH RESPECT TO ANY DEFAULT OR BREACH HEREOF BY
EITHER PARTY.
THE LIABILITY (INCLUDING COURT COSTS AND ATTORNEYS' FEES), OF ANY
BROKER WITH RESPECT TO ANY BREACH OF DUTY, ERROR OR OMISSION RELATING TO THIS
AGREEMENT SHALL NOT EXCEED THE FEE RECEIVED BY SUCH BROKER PURSUANT TO THIS
AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON EACH BROKER'S
LIABILITY SHALL NOT BE APPLICABLE TO ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
OF SUCH BROKER.
24.3
CONFIDENTIAL INFORMATION:
BUYER AND SELLER AGREE
TO IDENTIFY TO BROKERS AS "CONFIDENTIAL" ANY COMMUNICATION OR INFORMATION GIVEN
BROKERS THAT IS CONSIDERED BY SUCH PARTY TO BE CONFIDENTIAL.
25.
CONSTRUCTION OF AGREEMENT.
IN CONSTRUING THIS
AGREEMENT, ALL HEADINGS AND TITLE ARE FOR THE CONVENIENCE OF THE PARTIES ONLY
AND SHALL NOT BE CONSIDERED A PART