HF 607 (LSB 1945HV (3) 90)

RELATING TO REAL ESTATE LICENSEE LIABILITY. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 543B.62, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  A licensee providing brokerage services to a client shall not be in possession of the client’s real estate. A licensee may enter upon the premises of a client’s real estate to fulfill the licensee’s obligations pursuant to section 543B.3, section 543B.6, or pursuant to a written agreement between the licensee and the client.
   b.  A licensee has no duty of care with regard to a client’s real estate or with regard to a person entering, viewing, or traversing upon the premises of a client’s real estate other than to fulfill the licensee’s obligations pursuant to section 543B.3, section 543B.6, or pursuant to a written agreement between the licensee and the client.
   c.  A licensee providing brokerage services to a client shall not be liable for damage to the client’s real estate or for any physical injury, accident, or harm to a person entering, viewing, or traversing upon the premises of a client’s real 

estate unless the licensee is the direct and proximate cause of the damage, injury, accident, or harm.
   d.  A client shall be responsible for the care, maintenance, repair, condition, and safety of the client’s real estate that is being offered to sell, exchange, buy, or rent to a person.

______________________________
PAT GRASSLEY
Speaker of the House

______________________________
AMY SINCLAIR
President of the Senate

   I hereby certify that this bill originated in the House and is known as House File 607, Ninetieth General Assembly.

______________________________
MEGHAN NELSON
Chief Clerk of the House

Approved _______________, 2023

______________________________
KIM REYNOLDS
Governor