(1) The client to whom the information pertains grants written consent;

(2) Disclosure of the information is required by law;

(3) The information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source other than the real estate brokerage agency or the affiliated licensee; or

(4) Disclosure is necessary to defend the real estate brokerage agency or an affiliated licensee against an action of wrongful conduct in a judicial proceeding before the commission or before a professional committee.

Sec. 23. 32 MRSA §§13282 and 13283 are enacted to read:

§13282.__Presumption

Except as otherwise provided in this subchapter, a real estate brokerage agency providing real estate brokerage services is presumed to be acting as a transaction broker unless the real estate brokerage agency has agreed, in a written brokerage agreement, to represent one or more parties to the real estate transaction as the real estate brokerage agency's clients.__ Client representation may not be created orally or by implication or be assumed by a real estate brokerage agency or any party to a real estate transaction.

§13283.__Transaction broker

1.__Not an agent.__A transaction broker does not represent any party as a client to a real estate transaction and is not bound by the duties set forth in section 13272.

2.__Responsibilities.__A transaction broker shall:

A.__Account in a timely manner for all money and property received;

B.__Disclose in a timely manner to a buyer to a transaction all material defects pertaining to the physical condition of