Senate Amendment to House File 2326 H-8263 Amend House File 2326, as passed by the House, as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 REAL ESTATE BROKERS AND THE RENTAL OR LEASING OF REAL ESTATE > 4 2. Page 1, line 33, after < This > by inserting < division of 5 this > 6 3. Page 1, line 35, after < This > by inserting < division of 7 this > 8 4. Page 2, after line 7 by inserting: 9 < DIVISION ___ 10 REAL ESTATE BROKERS AND BROKERAGE AGREEMENTS 11 Sec. ___. Section 543B.56A, subsection 2, paragraph e, if 12 enacted by 2024 Iowa Acts, Senate File 2291, section 7, is 13 amended to read as follows: 14 e. Review the broker’s compensation under the brokerage 15 agreement and conspicuously display a statement that the 16 broker’s compensation, fees, and commission are negotiable and 17 not established by law . 18 Sec. ___. Section 543B.56A, subsection 3, if enacted by 2024 19 Iowa Acts, Senate File 2291, section 8, is amended to read as 20 follows: 21 3. A brokerage agreement must be signed by both the broker 22 and the client prior to the broker listing any property for 23 sale on behalf of a seller, or before showing a property to a 24 buyer, or if no property is shown to a buyer, before making 25 an offer on a property on behalf of a buyer. This subsection 26 shall not apply to customers attending an open house. 27 Sec. ___. Section 543B.57, subsection 5, Code 2024, is 28 amended to read as follows: 29 5. The seller, in the listing agreement, may authorize 30 the seller’s licensee to disburse part of the licensee’s 31 compensation to other licensees, including a buyer’s licensee 32 solely representing the buyer. A seller may authorize a 33 portion of the proceeds from the sale of real property, or 34 from another source, to pay a buyer’s licensee compensation. 35 -1- HF 2326.3948.S (1) 90 mb 1/ 2 #1. #2. #3. #4.

A licensee representing a buyer shall inform the listing 1 licensee, if there is a listing licensee, either verbally or in 2 writing, of the agency relationship before any negotiations are 3 initiated. The obligation of either the seller or the buyer 4 to pay compensation to a licensee is not determinative of the 5 agency relationship. > 6 5. Title page, by striking lines 1 and 2 and inserting < An 7 Act relating to real estate brokers, the rental or leasing of 8 real estate, and brokerage agreements, and including effective 9 date and > 10 6. By renumbering as necessary. 11 -2- HF 2326.3948.S (1) 90 mb 2/ 2 #5.