Iowa 2023-2024 Regular Session

Iowa House Bill HSB639

Introduced
1/30/24  
Introduced
1/30/24  

Caption

A bill for an act relating to real estate brokers and brokerage agreements.(See HF 2552.)

Impact

The passage of HSB639 would significantly impact existing state laws surrounding real estate transactions in Iowa. The bill specifies that as a condition of providing brokerage services, licensees must disclose all material facts about a property that could affect a buyer's decision. This augments buyer protections and ensures that licensees are held to a higher standard of transparency, potentially reducing disputes related to property transactions. Additionally, the requirement for a brokerage agreement to be signed before any property listing or offer is made solidifies the formal relationship expected between brokers and their clients.

Summary

House Study Bill 639 addresses regulations concerning real estate brokers and the agreements they enter into with clients. This bill seeks to amend various sections of the Code of Iowa to clarify the roles and responsibilities of brokers when providing brokerage services. It outlines the obligations of licensees to act with honesty and good faith towards all parties involved in a transaction, thereby enhancing consumer protection in real estate dealings. By refining the definitions and requirements of brokerage agreements, the bill aims to streamline processes and improve ethical standards within the real estate industry.

Contention

While the intention of HSB639 appears to bolster consumer protections and promote transparency within real estate transactions, there may be points of contention regarding the feasibility and enforcement of these provisions among real estate professionals. Concerns could arise around how 'material adverse facts' are defined and communicated, and whether the increased regulation complicates the brokerage process. Stakeholders from the real estate community may have varying opinions on the balance between consumer protection and the operational flexibility that brokers require in their business practices.

Companion Bills

IA SSB3132

Related A bill for an act relating to real estate brokers and brokerage agreements.(See SF 2291.)

IA SF2291

Replaced by A bill for an act relating to real estate brokers and brokerage agreements. (Formerly SSB 3132.) Effective date: 07/01/2024.

IA HF2552

Replaced by A bill for an act relating to real estate brokers and brokerage agreements.(Formerly HSB 639.)

Previously Filed As

IA HB1656

Real Estate Brokerage Agreements; regulate.

IA SF314

A bill for an act relating to the license application form for real estate brokers and salespersons, and brokerage agreement requirements. (Formerly SF 15.) Effective date: 07/01/2025.

IA HB230

Real estate transactions; required disclosures; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances

IA SB154

Real estate transactions; required disclosures; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances

IA AB258

Revises provisions relating to brokerage agreements. (BDR 54-741)

IA HB382

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

IA SB212

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

IA H0805

Authorized Brokerage Relationships and Required Disclosures

IA HB805

Authorized Brokerage Relationships and Required Disclosures:

IA HB596

Modifies a provision relating to brokerage services

Similar Bills

VA SB1309

Real estate brokers and salespersons; duties, licensees engaged by buyers.

VA SB1309

Real estate brokers and salespersons; licensees engaged by buyers.

AL SB154

Real estate transactions; required disclosures; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances

AL HB230

Real estate transactions; required disclosures; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances

VA HB1684

Real estate brokers and salespersons; duties, licensees engaged by buyers.

NJ A4326

Prohibits imposition of costs of certain realtor services on residential tenants.

MS SB2713

Real estate buyer's agent agreements; authorize showing of certain real property to prospective buyers without such agreement.

NV AB258

Revises provisions relating to brokerage agreements. (BDR 54-741)