House File 607 - Enrolled
House File 607
RELATING TO REAL ESTATE LICENSEE LIABILITY.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 543B.62, Code 2023, is amended by adding
2 the following new subsection:
3 NEW SUBSECTION. 4. a. A licensee providing brokerage
4 services to a client shall not be in possession of the client’s
5 real estate. A licensee may enter upon the premises of a
6 client’s real estate to fulfill the licensee’s obligations
7 pursuant to section 543B.3, section 543B.6, or pursuant to a
8 written agreement between the licensee and the client.
9 b. A licensee has no duty of care with regard to a client’s
10 real estate or with regard to a person entering, viewing, or
11 traversing upon the premises of a client’s real estate other
12 than to fulfill the licensee’s obligations pursuant to section
13 543B.3, section 543B.6, or pursuant to a written agreement
14 between the licensee and the client.
15 c. A licensee providing brokerage services to a client shall
16 not be liable for damage to the client’s real estate or for
17 any physical injury, accident, or harm to a person entering,
18 viewing, or traversing upon the premises of a client’s real
House File 607, p. 2
19 estate unless the licensee is the direct and proximate cause of
20 the damage, injury, accident, or harm.
21 d. A client shall be responsible for the care, maintenance,
22 repair, condition, and safety of the client’s real estate that
23 is being offered to sell, exchange, buy, or rent to a person.
PAT GRASSLEY AMY SINCLAIR
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 607, Ninetieth General Assembly.
Chief Clerk of the House
Approved _______________, 2023 ______________________________