Maine § 13275. - Disclosed dual agent
Full text of Maine Maine Revised Statutes § 13275. — Disclosed dual agent, with citation guidance and answers to common questions.
§ 13275.. Disclosed dual agent
1. Consent agreement; disclosed dual agent. A real estate brokerage agency may act as a disclosed dual agent only with the informed written consent of all parties. Consent is presumed to be informed if the party signs an agreement that contains the following:
A. A description of the transactions in which the real estate brokerage agency will serve as a disclosed dual agent; [PL 1993, c. 679, §1 (NEW).]
B. A statement that, in serving as a disclosed dual agent, the real estate brokerage agency represents 2 clients whose interests are adverse and that the agency duties are limited; [PL 1993, c. 679, §1 (NEW).]
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:
(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; [PL 2005, c. 378, §15 (AMD); PL 2005, c. 378, §29 (AFF).]
D. A statement that the client may choose to consent or not consent to the disclosed dual agency; and [PL 1993, c. 679, §1 (NEW).]
E. A statement that the consent of the client has been given voluntarily and that the agreement has been read and understood. [PL 1993, c. 679, §1 (NEW).]
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 client relationship by making disclosures permitted or required by this subchapter.
3. Actual knowledge; information. In a disclosed dual agent situation each client and the real estate brokerage agency and its affiliated licensees are considered to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the clients, the real estate brokerage agency or its affiliated licensees.
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 [PL 2005, c. 378, §17 (NEW); PL 2005, c. 378, §29 (AFF).]
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:
(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. [PL 2005, c. 378, §17 (NEW); PL 2005, c. 378, §29 (AFF).]
Frequently Asked Questions About Maine § 13275.
What does Maine Revised Statutes § 13275. cover?
Section 13275. ("Disclosed dual agent") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 13275.?
A common citation format is "Maine Revised Statutes § 13275." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 13275. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.