Printable Format58-30,111. Imputed knowledge. (a) A client or customer shall not be liable for a misrepresentation or omission by the client's statutory agent or the transaction broker arising out of the agency or transaction broker agreement unless the client or customer knew of the misrepresentation or omission.
(b) A statutory agent or transaction broker shall not be liable for a misrepresentation or omission by the agent's client or the transaction broker's customer arising out of the agency or transaction broker agreement unless the licensee knew of the misrepresentation or omission.
(c) A statutory agent or transaction broker shall not be liable for an innocent or negligent misrepresentation in information provided to the seller or landlord or to the buyer or tenant if the licensee does not have personal knowledge of the error, inaccuracy or omission that is the basis for the claim of misrepresentation.
History: L. 1995, ch. 252, § 11; Revived, L. 1997, ch. 65, § 41; L. 1997, ch. 65, § 42; October 1.
Law Review and Bar Journal References:
"Brokerage Relationships in Real Estate Transaction Act," Vernon L. Jarboe, 68 J.K.B.A. No. 5, 36 (1999).
Attorney General's Opinions:
The brokerage relationships in the real estate transactions act limits, but does not entirely supplant, the common law liability of real estate licensees. 2014-11.
CASE ANNOTATIONS
1. Genuine issues of material facts on negligent misrepresentation remain; issues remanded. Osterhaus v. Toth, 291 K. 759, 249 P.3d 888 (2011).