(1) A principal is not liable for an act, error or omission by an agent or subagent of the principal arising out of an agency relationship established under ORS 696.805, 696.810, 696.815 or 696.820: (a) Unless the principal participates in or authorizes the act, error or omission; and (b) Only to the extent that: (A) The principal benefited from the act, error or omission; and (B) A court or arbitrator determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent of the principal. (2) A real estate licensee is not liable for an act, error or omission by a principal or an agent of a principal that is not related to the licensee unless the licensee participates in or authorizes the act, error or omission. This subsection does not limit the liability of a managing principal broker for an act, error or omission by a real estate licensee under the principal brokers supervision. (3) Unless acknowledged by a principal in writing, facts known by an agent or subagent of the principal may not be imputed to the principal if the principal does not have actual knowledge. (4) Unless acknowledged by a real estate licensee in writing, facts known by a principal or an agent of the principal may not be imputed to the licensee if the licensee does not have actual knowledge. This subsection does not limit the knowledge imputed to a managing principal broker of facts known by a real estate licensee under the supervision of the managing principal broker. Note: See note under 696.800.
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