Key Takeaways
- The Real Estate Brokerage Relationships form must be provided at the first meeting or contact with a prospective client/customer
- Written brokerage agreements are required before providing services
- Licensees must disclose their brokerage relationship before presenting offers
- Material facts affecting property value or desirability must be disclosed
- Personal interest in a transaction must be disclosed in writing
Maine Disclosure Requirements
Maine has specific requirements for disclosing brokerage relationships and material information to consumers.
Real Estate Brokerage Relationships Form
The Real Estate Brokerage Relationships form is the primary disclosure document in Maine:
When to Provide
| Situation | Timing |
|---|---|
| First meeting | At or before first substantive contact |
| Showing property | Before showing property |
| Open house | Before substantive discussion |
| Phone/email inquiry | Before discussing specific properties |
Form Contents
The form must explain:
- Types of brokerage relationships available in Maine
- Duties owed under each relationship type
- How compensation is determined
- Consumer's right to choose relationship type
Signature Requirements
| Requirement | Details |
|---|---|
| Licensee signature | Required |
| Consumer signature | Acknowledgment of receipt |
| If consumer refuses | Note refusal and date |
| Copy provided | Consumer must receive copy |
Written Brokerage Agreements
Required Elements
Maine requires written brokerage agreements that include:
| Element | Description |
|---|---|
| Type of relationship | Buyer agency, seller agency, or transaction brokerage |
| Services provided | What the licensee will do |
| Compensation | How and when licensee is paid |
| Duration | How long the agreement lasts |
| Termination | How to end the agreement |
| Parties | Names of all parties |
Material Fact Disclosure
Maine licensees must disclose material facts that affect the value or desirability of property:
What Must Be Disclosed
| Material Fact | Examples |
|---|---|
| Physical defects | Foundation issues, roof problems, water damage |
| Environmental hazards | Mold, lead paint, radon, underground tanks |
| Legal issues | Zoning violations, easements, boundary disputes |
| Property history | Flooding, structural repairs |
What is NOT Required to Disclose
Maine provides certain protections for licensees:
| Information | Disclosure Status |
|---|---|
| Deaths on property | Not required (stigmatized property) |
| Alleged hauntings | Not required |
| Sex offender proximity | Not required to investigate or disclose |
| HIV/AIDS status | Prohibited from disclosing |
Important: If a buyer asks a direct question and the licensee knows the answer, they must respond honestly.
Personal Interest Disclosure
Licensees must provide written disclosure when they have a personal interest:
When Required
| Situation | Requirement |
|---|---|
| Buying/selling own property | Written disclosure to all parties |
| Family member involved | Written disclosure to all parties |
| Financial interest in property | Written disclosure to all parties |
| Partnership/business interest | Written disclosure to all parties |
Disclosure Timing
Personal interest disclosure must be made:
- Before entering into a contract
- Before presenting offers
- In writing
Fair Housing Disclosure
Licensees must comply with:
| Law | Requirements |
|---|---|
| Federal Fair Housing Act | No discrimination on protected classes |
| Maine Human Rights Act | Additional state protections |
Protected Classes (Federal + Maine)
- Race, color, religion, national origin
- Sex, familial status, disability
- Sexual orientation, gender identity (Maine)
- Source of income (Maine)
When must a Maine licensee provide the Real Estate Brokerage Relationships form?
Which of the following must a Maine licensee disclose?
When must personal interest in a transaction be disclosed in Maine?