House
File
607
-
Introduced
HOUSE
FILE
607
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
204)
A
BILL
FOR
An
Act
relating
to
real
estate
licensee
liability.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1945HV
(1)
90
es/rn
H.F.
607
Section
1.
Section
543B.62,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
a.
A
licensee
providing
brokerage
3
services
to
a
client
shall
not
be
in
possession
of
the
client’s
4
real
estate.
A
licensee
may
enter
upon
the
premises
of
a
5
client’s
real
estate
to
fulfill
the
licensee’s
obligations
6
pursuant
to
section
543B.3,
section
543B.6,
or
pursuant
to
a
7
written
agreement
between
the
licensee
and
the
client.
8
b.
A
licensee
has
no
duty
of
care
with
regard
to
a
client’s
9
real
estate
or
with
regard
to
a
person
entering,
viewing,
or
10
traversing
upon
the
premises
of
a
client’s
real
estate
other
11
than
to
fulfill
the
licensee’s
obligations
pursuant
to
section
12
543B.3,
section
543B.6,
or
pursuant
to
a
written
agreement
13
between
the
licensee
and
the
client.
14
c.
A
licensee
providing
brokerage
services
to
a
client
shall
15
not
be
liable
for
damage
to
the
client’s
real
estate
or
for
16
any
physical
injury,
accident,
or
harm
to
a
person
entering,
17
viewing,
or
traversing
upon
the
premises
of
a
client’s
real
18
estate
unless
the
licensee
is
the
direct
and
proximate
cause
of
19
the
damage,
injury,
accident,
or
harm.
20
d.
A
client
shall
be
responsible
for
the
care,
maintenance,
21
repair,
condition,
and
safety
of
the
client’s
real
estate
that
22
is
being
offered
to
sell,
exchange,
buy,
or
rent
to
a
person.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
real
estate
licensee
liability.
27
The
bill
prohibits
a
licensee
providing
brokerage
services
28
to
a
client
from
being
in
possession
of
the
client’s
real
29
estate.
The
bill
provides
that
a
licensee
may
enter
upon
the
30
premises
of
a
client’s
real
estate
to
fulfill
the
licensee’s
31
obligations
pursuant
to
Code
section
543B.3,
relating
to
broker
32
activities,
and
Code
section
543B.6,
relating
to
real
estate
33
acts,
or
pursuant
to
a
written
agreement.
34
The
bill
provides
that
a
licensee
also
has
no
duty
of
care
35
-1-
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H.F.
607
concerning
a
client’s
real
estate
with
regard
to
a
person
1
entering,
viewing,
or
traversing
upon
the
premises
of
the
real
2
estate
except
to
fulfill
the
licensee’s
obligations
pursuant
to
3
Code
sections
543B.3
and
543B.6.
4
The
bill
provides
that
a
licensee
providing
brokerage
5
services
shall
generally
not
be
liable
for
damage
to
a
client’s
6
real
estate
or
a
person
harmed
on
or
viewing
the
real
estate
7
except
where
the
licensee
is
the
direct
and
proximate
cause
of
8
the
damage,
injury,
accident,
or
harm.
9
The
bill
provides
that
a
client
shall
be
responsible
for
the
10
care,
maintenance,
and
safety
of
the
client’s
real
estate
that
11
is
being
offered
on
the
market.
12
-2-
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1945HV
(1)
90
es/rn
2/
2