LD 1525
pg. 11
Page 10 of 17 PUBLIC Law Chapter 378 Page 12 of 17
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LR 2133
Item 1

 
2. Duty to seller. The duty of a buyer agent to a seller is
governed by the following.

 
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. 15. 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;


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