reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.37 - Fees and mileage.

543B.37 Fees and mileage.
Any witnesses so subpoenaed shall be entitled to the same fees and mileage as is prescribed by law in judicial proceedings in the courts of this state in civil cases.
[C31, 35, §1905-c51; C39, §1905.48; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.37]
C93, §543B.37
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.38 - Request for witnesses.

543B.38 Request for witnesses.
Any party to any hearing before the real estate commission shall have the right to the attendance of witnesses in the party’s behalf at such a hearing upon making a request thereof to the commission and designating the person or persons sought to be subpoenaed.
[C31, 35, §1905-c52; C39, §1905.49; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.38]
C93, §543B.38
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.39 - Disobedience to subpoena.

543B.39 Disobedience to subpoena.
In case of a disobedience to a subpoena the real estate commission may invoke the aid of any court of competent jurisdiction or judge thereof in requiring the attendance and testimony of witnesses and the production of papers; and such court may issue an order requiring the persons to appear before the commission and give evidence or to produce papers as the case may be; and any failure to obey such order may be punished as a contempt.
[C31, 35, §1905-c53; C39, §1905.50; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.39]
C93, §543B.39
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.40 - Depositions.

543B.40 Depositions.
The testimony may be taken by deposition as in civil cases, and any person may be compelled to appear and depose in the same manner as witnesses may be compelled to appear and testify as provided in this chapter.
[C31, 35, §1905-c54; C39, §1905.51; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.40]
C93, §543B.40
2019 Acts, ch 59, §193
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.41 - Findings of fact.

543B.41 Findings of fact.
If the majority of the real estate commission shall determine that any applicant is not qualified to receive a license, a license shall not be granted to such applicant, and if the commission shall determine that any licensee is guilty of a violation of any of the provisions of this chapter, the license may be suspended or revoked. The commission, upon request of the applicant or licensee, shall furnish said applicant or licensee with a definite statement of its findings of fact and its reason or reasons for refusing to grant the license or for suspension of the rights of the licensee or for the revocation of the license, as the case may be. Judicial review of action of the commission may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C31, 35, §1905-c56; C39, §1905.53; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.41]
C93, §543B.41
2003 Acts, ch 44, §114
Referred to in §543B.43
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.42 - List of licensees.

543B.42 List of licensees.
The real estate commission shall at least annually prepare a list of the names and addresses of all licensees licensed by it under this chapter, and of all persons whose licenses have been suspended or revoked within one year; together with other information relative to the enforcement of this chapter as it deems of interest to the public. The lists shall be mailed by the commission to any person in this state upon request.
[C31, 35, §1905-c58; C39, §1905.55; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.42]
86 Acts, ch 1238, §6
C93, §543B.42
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.43 - Penalties.

543B.43 Penalties.
Any person found guilty of violating a provision of sections 543B.1 through 543B.24 and sections 543B.27 through 543B.41 in a first offense shall be guilty of a simple misdemeanor.
[C31, 35, §1905-c59; C39, §1905.56; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.43]
C93, §543B.43
2013 Acts, ch 90, §166; 2018 Acts, ch 1026, §159
Referred to in §543B.49
Civil penalty for unlicensed person acting as real estate broker or salesperson; §543B.34
Civil penalty for licensees; §543B.48
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.44 - Complaints referred to court.

543B.44 Complaints referred to court.
The real estate commission may refer a complaint for violation of section 543B.1 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions hereof and collect the penalties herein provided.
[C31, 35, §1905-c60; C39, §1905.57; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §117.44]
C93, §543B.44
Referred to in §543B.49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.45 - Dual contracts for sale of real property.

543B.45 Dual contracts for sale of real property.
1. A person licensed under this chapter shall not knowingly make, issue, deliver, receive, or permit the use of two or more written or oral contracts for the purpose of sale concerning the same parcel of real estate one of which is not made known to the prospective lender or loan guarantor to enable the purchaser to obtain a larger loan than the true sales price would allow or to enable the purchaser to qualify for a loan which the purchaser otherwise could not obtain.
2. Any person who shall violate the provisions of this section shall be guilty of a fraudulent practice.
[C71, 73, 75, 77, 79, 81, §117.45; 81 Acts, ch 54, §22]
C93, §543B.45
2018 Acts, ch 1041, §127
Fraudulent practices, see §714.8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.47 - Insurance requirement.

543B.47 Insurance requirement.
1. The real estate commission shall adopt rules requiring as a condition of licensure that all real estate licensees, except those who hold inactive licenses, carry errors and omissions insurance covering all activities contemplated under this chapter. The rules shall provide for administration of the insurance requirements of this section within the multiyear licensing structure required by section 543B.28. However, the rules shall require licensees to submit evidence of compliance with this section within twenty calendar days of the commission’s request, which may be made on a test basis, a random basis, or upon reasonable cause to question a licensee’s compliance.
2. The commission shall contract with an insurance provider for a group policy under which coverage is available to all licensees, and shall maintain coverage with the contracted provider unless the commission determines that continuing the contract is not reasonably practical. The contract shall be solicited by competitive, sealed bid.
3. The group policy shall be made available to all licensees and shall not include any right on the part of the insurance provider to cancel coverage for a licensee.
4. A licensee shall have the option of obtaining insurance independently, if the coverage contained in an independently obtained policy complies with the minimum requirements adopted by rule of the commission.
5. The commission shall determine the terms and conditions of coverage required by subsection 1, including but not limited to the minimum limits of coverage, the permissible deductible, and the permissible exceptions.
6. Failure of a license applicant or licensee to carry the errors and omissions insurance required by this section, or to timely submit proof of coverage upon commission request, shall be grounds for the denial of an application for licensure, the denial of an application to renew a license, or the suspension or revocation of a license.
90 Acts, ch 1126, §2
C91, §117.47
91 Acts, ch 97, §21
C93, §543B.47
2002 Acts, ch 1031, §3
Referred to in §543B.29
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.48 - Civil penalty amount.

543B.48 Civil penalty amount.
Notwithstanding section 272C.3, licensee discipline may include a civil penalty not to exceed two thousand five hundred dollars per violation.
2002 Acts, ch 1031, §4
Referred to in §543B.49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.49 - Injunctive relief.

543B.49 Injunctive relief.
1. In addition to the penalty and complaint provisions of sections 543B.43, 543B.44, and 543B.48, an injunction may be granted through an action in district court to prohibit a person from engaging in an activity which violates the provisions of section 543B.1. The court shall grant a permanent or temporary injunction if it appears to the court that a violation has occurred or is imminently threatened. The plaintiff is not required to show that the violation or threatened violation would greatly or irreparably injure the plaintiff. No bond shall be required of the plaintiff unless the court determines that a bond is necessary in the public interest. The action for injunctive relief may be brought by an affected person. For the purposes of this section, “affected person” means any person directly impacted by the actions of a person suspected of violating the provisions of section 543B.1, including but not limited to the commission created in section 543B.8, a person who has utilized the services of a person suspected of violating the provisions of section 543B.1, or a private association composed primarily of members practicing a profession for which licensure is required pursuant to this chapter.
2. If successful in obtaining injunctive relief, the affected person shall be entitled to actual costs and attorney fees. For the purposes of this section, “actual costs” means those costs other than attorney fees which were actually incurred in connection with the action, including but not limited to court and witness fees, investigative expenses, travel expenses, legal research expenses, and other related fees and expenses.
2004 Acts, ch 1005, §3; 2006 Acts, ch 1055, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.50 - Meetings.

543B.50 Meetings.
The real estate commission shall hold at least one meeting per year at the location of the commission’s principal office and shall elect a chairperson annually. A majority of the members of the commission shall constitute a quorum.
[C75, 77, 79, 81, §117.50]
88 Acts, ch 1158, §24
C93, §543B.50
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.51 - Public members.

543B.51 Public members.
The public members of the real estate commission shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.
[C75, 77, 79, 81, §117.51]
C93, §543B.51
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.52 - Disclosure of confidential information.

543B.52 Disclosure of confidential information.
1. The commission shall not disclose information relating to the following:
a. The contents of the examination.
b. The examination results other than final score except for information about the results of an examination which is given to the person who took the examination.
2. A member of the commission who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.
[C75, 77, 79, 81, §117.52]
C93, §543B.52
2008 Acts, ch 1059, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.53 - Application of chapter.

543B.53 Application of chapter.
The provisions of this chapter which require successful completion of a real estate education course before being licensed as a real estate salesperson shall not apply to the issuance of new licenses pursuant to section 543B.28.
[C77, 79, 81, §117.53; 81 Acts, ch 54, §24]
C93, §543B.53
2017 Acts, ch 71, §11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.55 - Disclosure of relationship.

543B.55 Disclosure of relationship.
The real estate commission shall adopt rules requiring that each real estate broker or salesperson in a real estate transaction disclose in writing the broker’s or salesperson’s agency relationship with the buyer or seller in the transaction.
90 Acts, ch 1126, §3
C91, §117.55
C93, §543B.55
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.56 - Duties of licensees.

543B.56 Duties of licensees.
1. Duties to all parties in a transaction. In providing brokerage services to all parties to a transaction, a licensee shall do all of the following:
a. Provide brokerage services to all parties to the transaction honestly and in good faith.
b. Diligently exercise reasonable skill and care in providing brokerage services to all parties.
c. Disclose to each party all material adverse facts that the licensee knows except for the following:
(1) Material adverse facts known by the party.
(2) Material adverse facts the party could discover through a reasonably diligent inspection, and which would be discovered by a reasonably prudent person under like or similar circumstances.
(3) Material adverse facts the disclosure of which is prohibited by law.
(4) Material adverse facts that are known to a person who conducts an inspection on behalf of the party.
d. Account for all property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property.
2. Duties to a client. In addition to the licensee’s duties under subsection 1, a licensee providing brokerage services to a client shall do all of the following:
a. Place the client’s interests ahead of the interests of any other party, unless loyalty to a client violates the licensee’s duties under subsection 1, section 543B.58, or under other applicable law.
b. Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through a reasonably diligent inspection.
c. Fulfill any obligation that is within the scope of the agency agreement, except those obligations that are inconsistent with other duties that the licensee has under this chapter or any other law.
d. Disclose to a client any financial interests the licensee or the brokerage has in any business entity to which the licensee or brokerage refers a client for any service or product related to the transaction.
3. Prohibited conduct. In providing brokerage services, a licensee shall not do either of the following:
a. Accept a fee or compensation related to a transaction from a person other than the licensee’s client, unless the licensee has provided written notice to all parties to the transaction that a fee or compensation will be accepted by the licensee from such person.
b. Act in a transaction on the licensee’s own behalf, on behalf of the licensee’s immediate family or brokerage, or on behalf of an organization or business entity in which the licensee has an interest, unless the licensee has provided written disclosure of the interest to all parties to the transaction.
95 Acts, ch 17, §2; 96 Acts, ch 1054, §2
Referred to in §543B.57, 543B.58, 543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.56A - Brokerage agreements — purpose — contents.

543B.56A Brokerage agreements — purpose — contents.
1. The purpose of this section is to promote the protection of the public by establishing minimum standards reasonably expected by the public in reliance upon the professional work product of real estate licensees. The reliance of the public and business community on sound professional opinions and assistance imposes on real estate licensees certain obligations both to their clients and to the public. The purpose of this section is also to assist in ensuring that licensees’ obligations are met including licensees’ exercising sound independent business judgment, striving to continuously improve professional business skills and knowledge in the industry, promoting sound and informative real estate reporting, and exercising the highest fiduciary duties to clients and the public.
2. A brokerage agreement shall specify that the broker shall, at a minimum, do all of the following:
a. Accept delivery of and present to the client offers and counteroffers to buy, sell, rent, lease, or exchange the client’s property or the property the client seeks to purchase or lease.
b. Assist the client in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement, offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed.
c. Answer the client’s questions relating to the brokerage agreements, listing agreements, offers, counteroffers, notices, and contingencies.
d. Provide prospective buyers access to listed properties.
2005 Acts, ch 40, §2; 2011 Acts, ch 73, §4
Referred to in §543B.5, 543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.57 - Confirmation and disclosure of relationship.

543B.57 Confirmation and disclosure of relationship.
1. A licensee shall not represent any party or parties to a transaction or otherwise as a licensee unless that licensee makes an agency disclosure to the party or parties represented by the licensee.
2. a. The disclosure required in subsection 1 shall be made by the licensee at the time the licensee provides specific assistance to the client. A change in a licensee’s representation that makes the initial disclosure incomplete, misleading, or inaccurate requires that a new disclosure be made immediately.
b. A written disclosure is required to be made to the client prior to an offer being made or accepted. The written disclosure shall be acknowledged by separate signatures of the party or parties represented by the licensee prior to any offer being made or accepted by any party to a transaction.
c. For purposes of this section, “specific assistance” means eliciting or accepting confidential information about a party’s real estate needs, motivation, or financial qualifications, or eliciting or accepting information involving a proposed or preliminary offer associated with specific real estate. “Specific assistance” does not mean an open house showing, preliminary conversations concerning price range, location, and property styles, or responding to general factual questions concerning properties which have been advertised for sale or lease.
3. The written agency disclosure form shall contain all of the following:
a. A statement of which party is the licensee’s client or, if the licensee is providing brokerage services to more than one client as provided under section 543B.60, a statement of all persons who are the licensee’s clients.
b. A statement of the licensee’s duties to the licensee’s client under section 543B.56, subsections 1 and 2.
c. Any additional information that the licensee determines is necessary to clarify the licensee’s relationship to the licensee’s client or customer.
4. This section does not prohibit a person from representing oneself.
5. The seller, in the listing agreement, may authorize the seller’s licensee to disburse part of the licensee’s compensation to other licensees, including a buyer’s licensee solely representing the buyer. A licensee representing a buyer shall inform the listing licensee, if there is a listing licensee, either verbally or in writing, of the agency relationship before any negotiations are initiated. The obligation of either the seller or the buyer to pay compensation to a licensee is not determinative of the agency relationship.
95 Acts, ch 17, §3; 97 Acts, ch 82, §1; 2017 Acts, ch 71, §12
Referred to in §543B.60, 543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.58 - Licensees representing more than one client in a transaction.

543B.58 Licensees representing more than one client in a transaction.
1. A licensee shall not be the agent for both a buyer and a seller to a transaction without obtaining the written consent of both the buyer and the seller. The written consent shall state that the licensee has made a full disclosure of the type of representation the licensee will provide. The consent to multiple representation shall contain a statement of the licensee’s duties under section 543B.56, subsection 1, a statement of the licensee’s duties to the client under section 543B.56, subsection 2, paragraphs “b” and “c”, and a statement that the clients understand the licensee’s duties and consent to the licensee’s providing brokerage services to more than one client.
2. A consent to multiple representation may contain additional disclosures by the licensee or additional agreements between the licensee and the clients that do not violate any duty of a licensee under this chapter.
95 Acts, ch 17, §4
Referred to in §543B.56, 543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.59 - Appointed agents within a firm.

543B.59 Appointed agents within a firm.
1. Appointed agents. A real estate brokerage agency entering into a brokerage agreement, through a designated broker, may notify a client in writing of those affiliated licensees within the real estate brokerage agency who will be acting as appointed agents of that client to the exclusion of all other affiliated licensees within the real estate brokerage agency.
2. Dual agent. A real estate brokerage agency and a designated broker are not considered to be dual agents solely because of an appointment under the provisions of this section. However, an affiliated licensee who personally represents both the seller and the buyer in a particular transaction is considered to be a disclosed dual agent and is required to comply with the provisions of this subchapter governing disclosed dual agents.
3. Actual knowledge — information. A client, a real estate brokerage agency, and its appointed agents are deemed to possess only actual knowledge and information at the time the appointed agents are appointed. Knowledge or information is not imparted by operation of law among the clients, the real estate brokerage agency, and its appointed agents.
4. Appointments — roles. The commission shall define by rule the methods of appointment and the role of the real estate brokerage agency and the designated broker. The rules must include a requirement that clients be informed as to the real estate brokerage agency’s appointed agent policy and be given written notice of that policy in advance of entering into a brokerage agreement.
95 Acts, ch 17, §5
Referred to in §543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.60 - Licensees providing services in more than one transaction.

543B.60 Licensees providing services in more than one transaction.
A licensee may provide brokerage services simultaneously to more than one party in different transactions unless the licensee agrees with a client that the licensee is to provide brokerage services only to that client. If the licensee and a client agree that the licensee is to provide brokerage services only to that client, the agency agreement disclosure required under section 543B.57, subsection 1, shall contain a statement of that agreement.
95 Acts, ch 17, §6
Referred to in §543B.57, 543B.61
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.60A - Prohibited practices — business referral disclosures.

543B.60A Prohibited practices — business referral disclosures.
1. A licensee shall not request a referral fee after a bona fide offer to purchase is accepted.
2. A licensee shall not request a referral fee after a bona fide listing agreement has been signed.
3. A licensee shall not offer, promote, perform, provide, or otherwise participate in any marketing plan that requires a consumer to receive brokerage services, including referral services, from two or more licensees in a single real estate transaction, as a required condition for the consumer to receive either of the following:
a. Brokerage services from one or more of such licensees.
b. A rebate, prize, or other inducement from one or more such licensees.
4. For purposes of this section, “consumer” shall include parties or prospective parties to a real estate transaction, clients or prospective clients of a licensee, or customers or prospective customers of a licensee.
5. This section does not address relationships between a broker and the broker associates or salespersons licensed under, employed by, or otherwise associated with the broker in a real estate brokerage agency.
6. A violation of this section is deemed a violation of section 543B.29, subsection 1, paragraph “d”.
7. The purpose of this section is to prohibit licensee practices that interfere with contractual arrangements, place improper restrictions on consumer choice, compromise a licensee’s fiduciary obligations, and create conflicts of interest.
8. An Iowa licensee is prohibited from participating in any marketing plan or arrangement prohibited by this section with a person who is licensed or otherwise authorized to engage in the real estate business in another state or foreign country. This subsection shall not be interpreted to impact or alter a referral fee structure which otherwise complies with the requirements of this section.
9. A licensee or person licensed in another state or foreign country who conducts business in this state or refers business to a licensee in this state shall disclose in writing to the consumer and to the licensee to whom they are referring business, the name of the consumer being referred, the name of the referring company, and the amount of compensation they are receiving for the referral. This subsection shall not affect or restrict business practices relating to payment methods between listing and selling brokerages, and shall be applicable strictly to properties containing at least one but not more than four dwelling units.
99 Acts, ch 22, §2; 2005 Acts, ch 179, §73; 2007 Acts, ch 153, §1, 2; 2008 Acts, ch 1099, §5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.61 - Violations — real estate commission jurisdiction.

543B.61 Violations — real estate commission jurisdiction.
1. Failure of a licensee to comply with sections 543B.57 through 543B.60 is prima facie evidence of a violation under section 543B.34, subsection 1, paragraph “d”.
2. Failure of a licensee to act in accordance with the disclosures made pursuant to sections 543B.56 through 543B.58 is prima facie evidence of a violation under section 543B.34, subsection 1, paragraph “d”.
3. Nothing in this subchapter shall affect the validity of title to real property transferred based solely on the reason that a licensee failed to conform to the provisions of this subchapter.
95 Acts, ch 17, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.62 - Changes in common law duties and liabilities of licensees and parties.

543B.62 Changes in common law duties and liabilities of licensees and parties.
1. Except as provided in subsection 2, the duties of a licensee specified in this chapter or in rules adopted pursuant to this chapter supersede any fiduciary duties of a licensee to a party to a transaction based on common law principles of agency to the extent that those common law fiduciary duties are inconsistent with the duties specified in this chapter or rules adopted pursuant to this chapter.
2. This section shall not be construed to modify a licensee’s duty under common law as to negligent or fraudulent misrepresentation of material information.
3. a. A licensee who is providing brokerage services to a client and who retains another licensee to provide brokerage services to that client is not liable for misrepresentation made by the other licensee, unless the retaining licensee knew or should have known of the other licensee’s misrepresentation or the other licensee is repeating a misrepresentation made to the other licensee by the retaining licensee.
b. A broker is responsible for supervising a salesperson or broker associate employed by or otherwise associated with the broker as a representative of the broker. The existence of an independent contractor relationship or any other special compensation arrangement between the broker and the salesperson or broker associate does not relieve the broker, salesperson, or broker associate of the duties and responsibilities established by this chapter. A salesperson or broker associate shall keep the employing broker fully informed of all activities being conducted on behalf of the broker and any other activities that might impact on the broker’s responsibilities. However, the failure of the salesperson or broker associate to keep the employing broker fully informed does not relieve the broker of the duties and responsibilities established by this chapter.
95 Acts, ch 17, §8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.63 - Licensee not considered subagent.

543B.63 Licensee not considered subagent.
A licensee is not considered to be a subagent of a client of another licensee solely by reason of membership or other affiliation by the licensee in a multiple listing service or other similar information source, and an offer of subagency shall not be made through a multiple listing service or other similar information source.
95 Acts, ch 17, §9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543B - REAL ESTATE BROKERS AND SALESPERSONS › Section 543B.64 - Chapter is not limiting.

543B.64 Chapter is not limiting.
The duties imposed upon persons under this chapter or pursuant to rules adopted by the real estate commission shall not limit or abridge any duty or responsibility to disclose created by other applicable law, or under a contract between parties.
95 Acts, ch 17, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.1 - Definitions.

543C.1 Definitions.
As used in this chapter, unless the context otherwise indicates:
1. “Advertisement” means the attempt by dissemination, solicitation, or circulation to directly or indirectly induce any person to enter into any obligation or acquire any title or interest in land offered for sale or lease to the public in this state.
2. “Commission” means the real estate commission as established by chapter 543B.
3. “Sale” means any sale, offer for sale, or attempt to sell or lease any land, to the public in this state, for cash or on credit.
4. “Subdivided land” means improved or unimproved land divided or proposed to be divided for the purpose of sale or lease into five or more lots or parcels, or additions or parts of lots or parcels; however, subdivided land does not include a subdivision subject to section 306.21 or chapter 354 nor the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or commercial building unless an undivided interest in the land is granted as a condition precedent to occupying space in the structure. Subdivided land does not include subdivisions of land located within the state of Iowa or time-share intervals as defined in section 557A.2.
5. “Subdivider” means any person, firm, partnership, company, corporation, or association engaging directly or through an agent in the business of selling or leasing subdivided land, or of offering such land for sale or lease, to the public in this state.
[C75, 77, 79, 81, §117A.1]
85 Acts, ch 155, §22; 90 Acts, ch 1236, §42
C93, §543C.1
2021 Acts, ch 76, §133
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.3 - Offering statement — contents — prohibitions.

543C.3 Offering statement — contents — prohibitions.
1. There may be omitted from the offering statement any of the information required under section 543C.2, subsection 1, paragraphs “f”, “i”, and “j”, which the commission may by a properly promulgated rule designate as being unnecessary or inappropriate for the protection of the public interest or a purchaser.
2. No offer to sell or lease subdivided land by any means of advertisement shall be made unless a copy of such advertisement has first been filed with the board. All such advertisements shall state that an offering statement has been filed with the commission and that a copy of such statement is available from the subdivider upon request.
3. Except as provided in subsection 1, no offer to sell or lease subdivided land shall be made unless such offer is accompanied by a copy of the current offering statement filed pursuant to this chapter.
4. The first page of the offering statement employed in the sale or lease, or offer for sale or lease, of subdivided land shall contain a legible statement printed in at least sixteen point bold type which shall be at least four point type larger than the body of the document that the filing of the verified statement and offering statement with the commission does not constitute approval of the sale or lease, or offer for sale or lease, by the state, commission or any officer thereof, or that the state, commission or any officer thereof, has in any way passed upon the merits of such offering.
5. No sale or lease of subdivided land shall be made unless accompanied or preceded by the delivery to the prospective purchaser of an offering statement complying with the provisions of this section.
6. No offering statement shall be changed or amended unless a copy of such change or amendment has first been filed with the commission.
7. The subdivider shall, within thirty days after the first day of July of each year, file with the commission a current offering statement setting forth all changes which have taken place during the preceding year with respect to any information required to be set forth in such offering statement. Only a current offering statement shall be used to sell or lease, or offer to sell or lease, any subdivided land.
8. A fee of one hundred dollars shall be paid, plus ten dollars for each one hundred lots, units, parcels, portions, or interest included in the current offering statement.
[C75, 77, 79, 81, §117A.3]
C93, §543C.3
2013 Acts, ch 90, §249
Referred to in §543C.8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.5 - Penalties.

543C.5 Penalties.
1. Any person, firm, partnership, corporation, company, or association representing in any manner that the state, the commission or any officer thereof has recommended or acquiesced in the recommendation of the purchase of any subdivided land offered for sale or lease, in advertising or offering such subdivided land for sale or lease, shall be guilty of a serious misdemeanor.
2. Any person, officer, director, agent, or employee of a person, company, firm, partnership, association, or corporation offering to sell or lease, or selling or leasing, subdivided land prior to the filing of the offering statement and the application required by this chapter shall be guilty of a serious misdemeanor.
3. Except as provided in subsection 2, every person, officer, director, agent, or employee of a person, company, firm, partnership, corporation, or association who authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any device, scheme, or artifice for obtaining money or property by means of any false pretense, representation, or promise concerning any subdivided land offered for sale or lease, and every person, officer, director, agent, or employee of a company, firm, partnership, corporation, or association who makes or attempts to make fictitious or pretended purchases or sales of subdivided lands in this state, or in any other respect willfully violates or fails to comply with any of the provisions of this chapter, or omits or neglects to obey, observe, or comply with any order, permit, decision, demand, or requirement of the commission under the provisions of this chapter, is guilty of a serious misdemeanor.
[C75, 77, 79, 81, §117A.5]
C93, §543C.5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.6 - Sales by brokers.

543C.6 Sales by brokers.
It shall be unlawful for any subdivider to sell or lease, or offer for sale or lease, any subdivided land located without this state except through a real estate broker or salesperson duly licensed in this state. The provision of section 543B.7, subsection 1, exempting regular employees of the owner of real estate from the licensing requirements of chapter 543B, shall not in any way apply to the sale of any subdivided land regulated by this chapter and subdividers covered by this chapter may not avail themselves of the provisions of section 543B.7, subsection 1, but must pursuant to this section sell only through licensed Iowa brokers and licensed salespersons.
[C75, 77, 79, 81, §117A.6]
C93, §543C.6
2019 Acts, ch 59, §194
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.7 - Prosecution.

543C.7 Prosecution.
1. The attorney general shall prosecute all violations of this chapter. Prosecutions shall be instituted by the attorney general upon the written request of the commission. In all criminal proceedings the attorney general may appear before any court or any grand jury and exercise all the powers and perform all the duties in respect to such actions or proceedings which the county attorney would otherwise be authorized or required to exercise or perform. In lieu thereof the attorney general may transmit evidence, proof, and information pertaining to such offense to the county attorney of the county in which the alleged violation occurred, and such county attorney shall prosecute for such violation. In any such proceeding in which the attorney general has appeared, the county attorney shall only exercise such powers and perform such duties as are required by the attorney general. The attorney general shall, within ten days after a conviction for a violation of any provision of this chapter, file with the commission a detailed report showing the date of the conviction, name of the person convicted, and the specific nature of the charge.
2. Whenever it appears to the commission that any person, officer, director, agent, or employee of a company, firm, partnership, association, or corporation offering to sell or lease, or selling or leasing, subdivided land, has committed or is about to commit a violation of this chapter or any rule or order issued by the commission hereunder, the commission may apply to the district court of the county in which the principal office of the subdivider is located or if such subdivider has no such office in this state then to the district court of Polk county for an order enjoining such subdivider or such officer, director, agent, or employee thereof from violating or continuing to violate this chapter or any such rule or order, and for such other equitable relief as the nature of the case and the interests of the public may require.
3. Any false statement contained in any statement filed with the commission pursuant to the requirements of this chapter, or in any affidavit attached thereto, shall constitute a violation of this chapter.
4. In any action brought under the provisions of this chapter, the attorney general is entitled to recover costs for the use of this state.
[C75, 77, 79, 81, §117A.7]
C93, §543C.7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543C - SALES OF SUBDIVIDED LAND OUTSIDE OF IOWA › Section 543C.8 - Filing fees.

543C.8 Filing fees.
1. Each initial filing made pursuant to section 543C.2 shall be accompanied by a basic filing fee of one hundred dollars, plus twenty-five dollars for every one hundred lots, units, parcels, portions, or interests included in the offering. A registration fee shall be paid with the filing of an application for registration consolidating additional lots with a prior registration and shall be set by rule which shall provide a basic fee of fifty dollars, plus an additional fee of twenty-five dollars for every one hundred lots, units, parcels, portions, or interests included in the offering. A fee shall not be charged for amendments to the property report as a result of amendments to the initial filing, unless the commission determines the amendments are made for the purpose of avoiding the payment of a fee, in which event the amendment may be treated as an application for registration consolidating additional lots with a prior registration. The filing fee to be paid with each annual current offering statement is as established by section 543C.3, subsection 8.
2. All fees collected under this chapter shall be deposited with the treasurer of state and credited to the general fund.
[C75, 77, 79, 81, §117A.8]
C93, §543C.8
2020 Acts, ch 1062, §94
Referred to in §543C.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS › Section 543D.1 - Short title.

543D.1 Short title.
This chapter shall be known and may be cited as the “Iowa Appraisal Standards and Appraiser Certification Law”.
89 Acts, ch 290, §1
CS89, §117B.1
C93, §543D.1
2021 Acts, ch 159, §1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS › Section 543D.3 - Purposes.

543D.3 Purposes.
1. The purpose of this chapter is to establish standards for real estate appraisals and a procedure for the mandatory certification of real estate appraisers performing appraisals for federally related transactions, the voluntary certification of real estate appraisers performing appraisals not related to federally related transactions, and the mandatory registration of associate real estate appraisers.
2. A person who performs an appraisal, other than an appraisal review, for a federally related transaction as it relates to real estate located in this state must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser if the services of a certified real estate appraiser are required by federal law or regulation.
3. A person who is not a certified real estate appraiser under this chapter may appraise real estate for compensation if certification is not required by this chapter or by federal or state law, rule, or policy. Notwithstanding this subsection, in connection with the performance of an appraisal of real estate located in this state, the use of the title “certified real estate appraiser”, “associate real estate appraiser”, or any other like title, including a title that suggests an individual is certified under the laws of this or another state, shall only be used to refer to or by individuals who hold a certificate or registration under this chapter.
4. An employee of the state department of transportation whose duties include appraisals of property pursuant to chapter 6B must be a certified real estate appraiser under this chapter or a registered associate real estate appraiser acting under the direct supervision of a certified real estate appraiser.
5. A person who is not a certified real estate appraiser under this chapter but who is licensed under chapter 543B may be compensated in the course of business for providing an estimate of the probable selling price or leasing price of a particular parcel of real estate or interest in real estate as a comparative market analysis or a broker price opinion. Such a comparative market analysis or broker price opinion shall not be considered an appraisal for purposes of this chapter and shall not be prepared for any purpose in lieu of an appraisal when an appraisal is required by federal or state law.
89 Acts, ch 290, §3
CS89, §117B.3
C93, §543D.3
99 Acts, ch 171, §39, 42; 2007 Acts, ch 72, §1; 2021 Acts, ch 159, §4
Referred to in §543D.21
2023 Iowa Code › Title XIII - COMMERCE › Chapter 543D - REAL ESTATE APPRAISALS AND APPRAISERS › Section 543D.4 - Iowa real estate appraiser board.

543D.4 Iowa real estate appraiser board.
1. A real estate appraiser examining board is established within the banking division of the department of commerce. The board consists of seven members, two of whom shall be public members and five of whom shall be certified real estate appraisers.
2. The governor shall appoint the members of the board who are subject to confirmation by the senate. The governor may remove a member for cause.
3. A certified real estate appraiser member of the board shall be actively engaged in practice as a certified real estate appraiser and shall have been so engaged for five years preceding appointment, the last two of which shall have been in this state. The governor shall attempt to represent each class of certified appraisers in making the appointments.
4. The term of each member is three years. Vacancies occurring during a term shall be filled by appointment by the governor for the unexpired term.
5. Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. A person shall not serve as a member of the board for more than three terms, but appointment to fill an unexpired term shall not be considered a complete term for this purpose.
6. The public members of the board shall not engage in the practice of real estate appraising.
7. The board shall meet at least once each calendar quarter to conduct its business.
8. The members of the board shall elect a chairperson from among the members to preside at board meetings.
9. A quorum of the board is four members.
10. Members of the board are entitled to receive a per diem as specified in section 7E.6 for each day spent in performance of duties as members and shall be reimbursed for all actual and necessary expenses incurred in the performance of duties as members.
89 Acts, ch 290, §4
CS89, §117B.4
C93, §543D.4
2006 Acts, ch 1177, §40; 2013 Acts, ch 5, §24; 2016 Acts, ch 1124, §23, 32
Confirmation, see §2.32