A. A real estate brokerage agency engaged by a buyer agent shall treat all prospective sellers honestly and may not knowingly give them false information including material facts about the buyer's financial ability to perform the terms of the transaction.

B. A real estate brokerage agency buyer agent is not liable to a seller for providing false information to the seller if the false information was provided to the real estate brokerage agency buyer agent by the real estate brokerage agency's buyer-client buyer agent's client and the real estate brokerage agency buyer agent did not know or, acting in a reasonable manner, should not have known that the information was false. A cause of action may not arise on behalf of any person against a real estate brokerage agency buyer agent for revealing information in compliance with this subchapter.

C. A real estate brokerage agency engaged by a buyer in a real estate transaction buyer agent may provide assistance to the seller by performing ministerial acts such as preparing and conveying offers to the buyer and providing information and assistance concerning professional services not related to real estate brokerage services. Performing ministerial acts for the seller may not be construed as violating the real estate brokerage agency's buyer agent's agreement with the buyer and performing ministerial acts for the seller may not be construed as or forming a brokerage agreement with the seller. Performing ministerial acts for the seller does not make the buyer agent a transaction broker for the seller.

Sec. 9. 32 MRSA §13275, sub-§1, śC, as enacted by PL 1993, c. 679, §1, is amended to read:

C. A statement that the 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:

(1) The willingness or ability of the seller to accept less than the asking price;

(2) The willingness or ability of the buyer to pay more than has been offered;