Iowa Senate Bill SSB1172

Iowa 2023-2024 Regular Session

• Introduced: 2/21/23
• Refer: 2/21/23

Caption

A bill for an act relating to real estate licensee liability.(See SF 536.)

Impact

The passage of SSB1172 would amend existing statutes concerning real estate licensee liabilities in Iowa law. By clarifying that licensees have no duty of care beyond fulfilling their broker obligations, the bill could reduce the potential for lawsuits against real estate professionals related to injuries or damages occurring on their clients' properties. This change places greater responsibility on clients to maintain their properties and limit the liability that falls on brokerage professionals, which could impact professional practices in the real estate market.

Summary

Senate Study Bill 1172 addresses the issue of liability for real estate licensees in Iowa. The bill stipulates that a real estate licensee providing brokerage services is prohibited from possessing the property of their clients. However, licensees are allowed to enter the premises solely to fulfill their contractual obligations or as specified in a written agreement with the client. This legislation seeks to clarify the responsibilities of real estate professionals when interacting with clients' properties.

Contention

Notable points of contention surrounding SSB1172 may arise from concerns around client property management and the responsibilities of real estate licensees. While supporters argue that limiting licensee liability will protect professionals from undue liability, opponents may argue that this creates gaps in protection for individuals who may suffer harm while accessing property. The implications of such delineation of duties could foster discussions on consumer rights and the adequacy of current real estate practices in ensuring safety and liability.