| | | (3) Confidential negotiating strategy not disclosed in | | the sales offer as terms of the sale; and |
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| | | (4) The motivation of the seller for selling and the | | motivation of the buyer for buying; |
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| | | Sec. 10. 32 MRSA §13275, sub-§2, as enacted by PL 1993, c. 679, §1, is | | amended to read: |
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| | | 2. Cause of action. A cause of action may not be brought on | | behalf of any person against a disclosed dual agent for making | | disclosures permitted or required by this subchapter and the | disclosed dual agent does not terminate any real estate brokerage | agency client relationship by making disclosures permitted or | | required by this subchapter. |
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| | | Sec. 11. 32 MRSA §13275, sub-§4 is enacted to read: |
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| | | 4.__Duty to parties.__The duty of a disclosed dual agent to | | the client who is selling is the same as set forth in section | | 13273, and the duty to the client who is buying is the same as | | set forth in section 13274, except that: |
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| | | A.__A disclosed dual agent may not promote the interests of | | one party to the detriment of the other party except as | | required to comply with this section; and |
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| | | B.__A disclosed dual agent may disclose any information to | | one party that the disclosed dual agent gains from the other | | party if that information is relevant to the transaction, | | except: |
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| | | (1)__The willingness or ability of the seller to accept | | less than the asking price; |
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| | | (2)__The willingness or ability of the buyer to pay | | more than has been offered; |
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| | | (3)__Confidential negotiating strategy not disclosed in | | the sales offer as terms of the sale; and |
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| | | (4)__The motivation of the seller for selling and the | | motivation of the buyer for buying. |
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| | | Sec. 12. 32 MRSA §13277, as enacted by PL 1993, c. 679, §1, is | | amended to read: |
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