| (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. 16. 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. 17. 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. 18. 32 MRSA §13277, as enacted by PL 1993, c. 679, §1, is | amended to read: |
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|