Current through Register Vol. 54, No. 45, November 9, 2024
Section 35.311 - Generally(a) A licensee and a consumer may enter into the relationship specified in sections 606.2-606.4 and 606.6 of the act (63 P.S. §§ 455.606-455.606d and 455.606f).(b) A broker may not extend or delegate the broker's agency relationship without the written consent of the principal.(c) Compensation paid by a broker to another broker who assists in the marketing and sale/lease of a consumer's property does not create an agency relationship between the consumer and that other broker.(d) A licensee in an agency relationship may not knowingly, during or following the termination of an agency relationship, reveal or use confidential information of the principal, except when one or more of the following apply: (1) The principal consented to the disclosure.(2) The information is disclosed to another licensee or third party acting solely on behalf of the principal.(3) The information is required to be disclosed under subpoena or court order.(4) The disclosure is necessary to prevent the principal from committing a crime.(5) The information is used by the licensee to defend in a legal proceeding against an accusation of wrongdoing.The provisions of this §35.311 adopted March 29, 2002, effective 3/30/2002, 32 Pa.B. 1644.The provisions of this §35.311 issued under sections 404, 606-606.6 and 608-608.3 of the Real Estate Licensing and Registration Act (63 P. S. §§ 455.404, 455.606-455.606f and 455.608-455.608c).