9. Ministerial acts. "Ministerial acts" means those acts that a real estate brokerage agency or its affiliated licensees perform performs for a person who is not a client and that do not require discretion or the exercise of the brokerage agency's or its affiliated licensees' judgment are informative or clerical in nature and do not rise to the level of active representation on behalf of the person.

10. Real estate brokerage agency. "Real estate brokerage agency" means a person or entity providing real estate brokerage services through that person's designated broker, affiliated licensees, associates or employees and licensed by the commission as a real estate brokerage agency.

11. Seller agent. "Seller agent" means a real estate brokerage agency that is engaged by and represents has entered into a written brokerage agreement with the seller in a real estate transaction to represent the seller as the real estate brokerage agency's client.

12. Subagent. "Subagent" means a real estate brokerage agency engaged by another real estate brokerage agency to perform brokerage tasks for a client.

13. Third party. "Third party" means a person who is not a client and has no agency relationship to the real estate brokerage agency.

13-A.__Transaction broker.__"Transaction broker" means a real estate brokerage agency that provides real estate brokerage services to one or more parties in a real estate transaction without a fiduciary relationship as a buyer agent, a seller agent, a subagent or a disclosed dual agent.

14. Undisclosed dual agent. "Undisclosed dual agent" means a real estate brokerage agency representing 2 or more clients whose interests are adverse in the same transaction without the knowledge and informed consent of the clients.

Sec. 8. 32 MRSA §§13272 to 13274, as enacted by PL 1993, c. 679, §1, are amended to read:

§13272. Scope of agency

A real estate brokerage agency that provides services through a brokerage agreement for a client is bound by the duties