37-51-315. Vicarious liability. (1) A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless:
(a) the party has actual knowledge of the misrepresentation; or
(b) the agent or subagent is repeating a misrepresentation made by the party.
(2) A broker is not liable for a misrepresentation made by the broker's subagent unless:
(a) the broker has actual knowledge of the misrepresentation;
(b) the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or
(c) a broker or subagent is repeating a misrepresentation made by the broker.
(3) An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.
History: En. Sec. 5, Ch. 565, L. 1995; amd. Sec. 38, Ch. 492, L. 2001.
Structure Montana Code Annotated
Title 37. Professions and Occupations
Chapter 51. Real Estate Brokers and Salespersons
37-51-301. License required -- limited to persons
37-51-303. Broker or salesperson examination
37-51-308. Broker's office -- display -- notice to department of change of address
37-51-311. Fees -- deposit of fees
37-51-312. No taxation by municipality
37-51-314. Relationship disclosure requirements
37-51-315. Vicarious liability
37-51-316. through 37-51-320 reserved
37-51-321. Unprofessional conduct -- sanction of license
37-51-323. Penalties -- criminal -- civil
37-51-324. Penalty for failure to comply with trust account requirements