Key Takeaways
- Maine requires sellers to provide a Property Disclosure Statement for residential property
- The disclosure covers known material defects and property conditions
- Lead-based paint disclosure is required for pre-1978 homes (federal law)
- Radon disclosure is important in Maine due to geology
- Sellers must disclose known environmental hazards including underground storage tanks
Maine Property Disclosures
Maine has specific requirements for property disclosure that protect buyers and establish seller obligations.
Maine Property Disclosure Statement
Unlike some states, Maine requires sellers to provide a property disclosure statement for residential property sales.
When Required
| Property Type | Disclosure Required |
|---|---|
| Residential (1-4 units) | Yes |
| New construction | Limited (builder warranty) |
| Foreclosure | Yes (limited knowledge) |
| Estate sales | Yes (limited knowledge) |
Key Topics Covered
| Category | Items Disclosed |
|---|---|
| Structural | Foundation, roof, walls, insulation |
| Systems | Heating, electrical, plumbing, septic, well |
| Environmental | Lead, radon, asbestos, underground tanks |
| Property | Boundaries, easements, zoning violations |
| Legal | Title issues, HOA, assessments |
Disclosure Response Options
Sellers respond to each item with:
| Response | Meaning |
|---|---|
| Yes | Known condition or defect exists |
| No | No known condition or defect |
| Unknown | Seller does not know |
| N/A | Not applicable to property |
Important: Sellers disclose what they know—they are not required to inspect or investigate.
Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Warning: Lead-based paint disclosure is REQUIRED by federal law regardless of other Maine requirements.
Radon Disclosure in Maine
Radon is a significant concern in Maine due to the state's geology:
What is Radon?
| Fact | Information |
|---|---|
| Source | Naturally occurring radioactive gas |
| Risk | Lung cancer |
| Entry | Seeps through soil into buildings |
| Maine concern | High radon levels in many areas |
Disclosure Requirements
| Requirement | Details |
|---|---|
| Known test results | Seller must disclose |
| Mitigation systems | Must be disclosed if installed |
| Recommendation | Buyers should test before purchase |
Exam Tip: Maine has some of the highest radon levels in the country. Licensees should recommend radon testing.
Environmental Disclosures
Underground Storage Tanks (USTs)
| Disclosure | Required |
|---|---|
| Known tanks | Yes - location and status |
| Removed tanks | Yes - when and by whom |
| Leaking tanks | Yes - remediation status |
Other Environmental Hazards
| Hazard | Disclosure Required |
|---|---|
| Asbestos | Yes, if known |
| Mold | Yes, if known |
| Flooding history | Yes, if known |
| Contamination | Yes, if known |
Septic System Disclosure
Septic systems are common in rural Maine:
| Requirement | Details |
|---|---|
| Type of system | Disclose system type |
| Maintenance history | Last pumping, repairs |
| Known problems | Any past or current issues |
| Location | Location of tank and leach field |
Septic Inspection
| When Required | Circumstances |
|---|---|
| Lender requirement | Most conventional loans |
| Buyer contingency | Often in purchase contract |
| Town requirement | Some municipalities require |
Well Water Disclosure
For properties with private wells:
| Disclosure | Details |
|---|---|
| Well location | Where on property |
| Water quality | Any known issues |
| Past testing | Previous test results |
| Quantity | Any known supply issues |
Recommended Testing
| Test | Purpose |
|---|---|
| Bacteria (coliform) | Safety |
| Arsenic | Common in Maine |
| Radon in water | Health concern |
| Flow rate | Quantity |
Does Maine require sellers to provide a property disclosure statement?
Why is radon disclosure particularly important in Maine?
What must be disclosed regarding lead-based paint?