LD 1525
pg. 12
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LR 2133
Item 1

 
(3) Confidential negotiating strategy not disclosed in
the sales offer as terms of the sale; and

 
(4) The motivation of the seller for selling and the
motivation of the buyer for buying;

 
Sec. 16. 32 MRSA §13275, sub-§2, as enacted by PL 1993, c. 679, §1, is
amended to read:

 
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.

 
Sec. 17. 32 MRSA §13275, sub-§4 is enacted to read:

 
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:

 
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

 
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:

 
(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;

 
(3)__Confidential negotiating strategy not disclosed in
the sales offer as terms of the sale; and

 
(4)__The motivation of the seller for selling and the
motivation of the buyer for buying.

 
Sec. 18. 32 MRSA §13277, as enacted by PL 1993, c. 679, §1, is
amended to read:

 
§13277. Written policy


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