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2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 543B.57, subsections 1 and 2, 5 Code 1997, are amended to read as follows: 6 1. A licensee shall not represent any party or 7 parties to a transaction or otherwise as a licensee 8 unless that licensee makesan affirmative writtena 9 disclosure to all parties to the transaction 10 identifying which party that person represents in the 11 transaction.The disclosure shall be acknowledged by12separate signatures of all parties to the transaction.13 2. a. The disclosure required in subsection 1 14 shall be made by the licensee at the time the licensee 15 provides specific assistance to the client, or prior16to any offer being made or accepted by any party to a17transaction, whichever is sooner. A change in a 18 licensee's representation that makes the initial 19 disclosure incomplete, misleading, or inaccurate 20 requires that a new disclosure be made immediately. 21 b. For purposes of this section, "specific 22 assistance" means eliciting or accepting confidential 23 information about a party's real estate needs, 24 motivation, or financial qualifications. "Specific 25 assistance" does not mean an open house showing, 26 preliminary conversations concerning price range, 27 location, and property styles, or responding to 28 general factual questions concerning properties which 29 have been advertised for sale or lease. 30 c. A written disclosure shall be acknowledged by 31 separate signatures of all parties to the transaction 32 prior to any offer being made or accepted by any party 33 to a transaction. 34 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 35 immediate importance, takes effect upon enactment." 36 2. Title page, by striking lines 2 and 3 and 37 inserting the following: "or salesperson and parties 38 to certain real estate transactions and providing an 39 effective date." Holveck of Polk offered amendment H-1443, to amendment H-1435, and requested division as follows: H-1443 1 Amend the amendment, H-1435, to House File 644 as 2 follows: H-1443A 3 1. Page 1, line 8, by striking the words "an4affirmative writtena" and inserting the following: 5 "an affirmative written".
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