Section 125.1409. Retailer acting as broker; responsibilities.

(1) A retailer acting as a broker who obtains a home listing shall give a true copy of the listing agreement to the listing homeowner. A listing agreement shall be completed by the retailer acting as a broker before it is signed by the listing homeowner.

(2)    A listing agreement shall set forth an  expiration  date.   A listing

agreement shall not contain a provision requiring the listing homeowner to notify the retailer acting as a broker of the listing homeowner's intention to cancel the listing on or after the expiration date.

(3)     A retailer acting as a broker shall deliver to an offeror a signed copy of the offer to purchase immediately after it is signed by the offeror.Upon receipt of the written offer to purchase, a retailer acting as a broker shall promptly deliver the written offer to purchase  to  the seller.  Upon obtaining a proper acceptance of the offer to purchase that is signed by the seller, the retailer acting as a broker shall promptly deliver true copies of the acceptance to the purchaser and the seller. A retailer acting as a broker shall certify, in writing, that all conditions of the home transaction are included in the offer to purchase.

(4)      A retailer acting as a broker who is involved in the consummation of a home transaction shall furnish the buyer and seller with a complete and detailed closing statement which is signed by the retailer acting as a broker and which shows all receipts and disbursements of the transaction.

(5)     A retailer acting as a broker shall not close a  home   transaction contrary to the terms or conditions of the offer to purchase, unless the written amendments are approved and signed by the purchaser and the seller.

(6)     A person seeking an exclusion to the definition and rules of  a retailer shall show proof of the exclusion.

(7)       In addition to accounts and records prescribed   by  these   rules,  a retailer acting as a broker shall retain copies of all of the following for a period of 4 years:

(a)    Listing agreements.

(b)     Offers to purchase.

(c)        Validated receipts for applications for a certificate of manufactured home ownership.

(d)    Closing statements.

(e)     Leasing agreements.

(f)    )  Consumer deposit accounts and records.

History: 1979 AC; 1998 AACS; 2003 AACS.