The Broker Relationships Act, which governs the Broker's relationship to Owners and Tenants provides that a real estate licensee shall provide services as either a "Transaction Broker" or a "Single-party Broker."
Transaction Broker. Applicant/Tenant understands that the Broker shall provide Transaction Broker services to Tenant. As provided under the Broker Relationship Act, the Broker shall have the following duties and responsibilities, which are mandatory and may not be abrogated or waived by a Transaction Broker:
a. To treat all parties with honesty and exercise reasonable skill and care;
b. To be available to:
1.) receive all written offers and counteroffers,
2.) reduce offers or counteroffers to a written form upon request of any party to a transaction, and
3.) present timely such written offers and counteroffers.
c. To keep confidential the information received from a party confidential. Unless required by law, the Broker shall not
without the express permission of the respective party, disclose the following confidential inforamiton to the other party:
* That a party is willing to pay more or accept less than what is being offered,
* That a party is willing to agree to rental terms that are different from those offered; and
* The motivation of either party in the leasing of the property.
However, the Broker must disclose pertinent facts relating to the property, which have not been disclosed by the Owner,
or are otherwise known by the Broker.
d. To comply with all requirements of the Oklahoma Real Estate License Code and all applicable statutes and rules,
Neither the Tenant nor the Owner may be held liable for the actions or words of the Transaction Broker or licensees
affiliated with the Broker's firm.
Single-Party Broker. Applicant/Tenant understands that the Broker is providing Single-party Broker services to the
Owner. The Single-party Broker performs all of the duties performed by the Transaction Broker plus the following additonal duties.
1.) To perform all brokerage activities for the benefit of the party for whom the Single-party Broker is performing
services unles prohibited by law.
2.) To obey the specific directions of the party for whom the Single-party Broker is performing services that
are not contrary to the terms of a contract between the parties to the transaction; and
Another difference is: The Owner may be vicariously liable for the actions and words of the Broker and all
affiliated liensees providing services for the Owner.