3.2 Maine Property Disclosures
Key Takeaways
- Maine Title 33 §173 requires sellers of residential property (1–4 units) to deliver a Property Disclosure Statement covering water, heating, waste disposal, hazardous materials, and known defects.
- The disclosure must be delivered no later than when the buyer makes an offer; if delivered late, the buyer may terminate within 72 hours of receipt.
- Sellers disclose what they KNOW—there is no duty to inspect or investigate; licensees must pass along all disclosures but do not verify them.
- Federal law requires lead-based paint disclosure for pre-1978 homes, the EPA pamphlet, and a 10-day inspection opportunity.
- Maine geology makes radon (action level 4.0 pCi/L) and arsenic in well water leading testing concerns.
Maine Is a Mandatory-Disclosure State
Maine is not a pure caveat emptor ("buyer beware") state. Under Title 33, Section 173, a seller of residential real property (one to four dwelling units) must provide the buyer a Property Disclosure Statement unless the transaction is exempt under §172 (for example, certain transfers between co-owners, by court order, or to a spouse).
Statutory Content (Title 33 §173)
The statement must address, at minimum:
| Category | What the Seller Discloses |
|---|---|
| Water supply | Type of system (public or private well), known quality/quantity issues |
| Heating | Heating system/source and known problems |
| Waste disposal | Public sewer or private septic system and known issues |
| Hazardous materials | Known presence or prior removal of asbestos, lead-based paint (pre-1978), radon, underground tanks, etc. |
| Known defects | Material structural, electrical, plumbing, or environmental conditions the seller knows about |
Timing and the 72-Hour Rule
| Event | Rule |
|---|---|
| Delivery deadline | No later than the time the buyer makes an offer |
| If delivered late | Buyer may terminate the contract or withdraw the offer within 72 hours of receiving the statement |
| Format | Written; commonly the Maine Association of REALTORS or comparable form |
Worked example: A seller forgets to hand over the disclosure until two days after the buyer's offer is accepted. The buyer reads it, sees a noted leaking roof, and cancels within 72 hours—a lawful exit created by the statute itself.
What the Seller Must Know vs. Investigate
Key Point: Sellers disclose what they actually know—the law does not require them to inspect or hire experts. The standard responses are Yes / No / Unknown / N/A.
A seller who marks "Unknown" honestly is protected; a seller who knowingly conceals a material defect (e.g., paints over a chronic basement flood) commits fraud and can be sued.
The Licensee's Role
| Licensee Duty | Standard |
|---|---|
| Deliver disclosures | Present all seller disclosures to the buyer |
| Disclose known material facts | A licensee must reveal material facts they personally know |
| Verify seller statements | Not required to independently verify the seller's answers |
| Stigmatized property | Maine does not require disclosure of deaths, suicides, or alleged paranormal events as material defects |
Lead-Based Paint (Federal Overlay)
For homes built before 1978, the federal Residential Lead-Based Paint Hazard Reduction Act requires:
| Requirement | Detail |
|---|---|
| Disclose | Known lead-based paint and hazards |
| Provide records | Any prior lead reports/records |
| EPA pamphlet | "Protect Your Family From Lead in Your Home" |
| Inspection right | Buyer gets 10 days to test (may be waived) |
| Form | Federal lead disclosure form, signed |
Warning: Lead disclosure is mandatory federally regardless of any Maine rule, and applies to rentals of pre-1978 housing as well.
Radon in Maine
Radon is a naturally occurring radioactive gas that seeps from soil and bedrock into buildings; it is the leading cause of lung cancer among non-smokers. Maine's granite-rich geology gives it some of the highest radon levels in the United States, in both air and well water.
| Radon Fact | Detail |
|---|---|
| EPA action level (air) | 4.0 pCi/L (picocuries per liter) |
| Sale disclosure | Seller must disclose known test results and any installed mitigation system |
| Rental law | Title 14 §6030-D requires landlords to test rentals and notify tenants; unmitigated 4.0 pCi/L gives a lease-termination right with 30 days' notice |
| Best practice | Licensees should recommend buyers test air and water for radon |
Exam Tip: On the sale side, Maine law makes radon a known-condition disclosure, not a mandatory pre-sale test. Do not confuse this with the rental statute, which does impose testing duties on landlords.
Underground Storage Tanks (USTs)
Many older Maine homes heated with oil have buried tanks, a known contamination risk.
| UST Item | Disclosure |
|---|---|
| Existing tank | Location, age, and status |
| Removed tank | When removed and by whom |
| Leaking/remediated tank | Spill history and remediation status |
Septic Systems
Most rural Maine homes use private subsurface wastewater disposal (septic) systems.
| Septic Item | Disclosure / Action |
|---|---|
| System type | Tank-and-leach-field, chamber, etc. |
| Maintenance | Last pumping, repairs, known failures |
| Location | Tank and leach field location |
| Inspection | Often a lender requirement and a buyer contingency; some towns require pump/inspection at transfer |
Private Wells and Arsenic
Roughly half of Maine households on private wells face elevated arsenic, plus uranium and radon in groundwater, due to bedrock chemistry.
| Recommended Test | Why It Matters in Maine |
|---|---|
| Arsenic | Naturally elevated statewide; linked to cancer and developmental effects |
| Coliform bacteria | Confirms the water is microbiologically safe |
| Radon in water | High because of granite bedrock |
| Uranium / nitrate / fluoride | Common secondary contaminants |
| Flow / yield test | Confirms adequate quantity for the household |
Worked example: A buyer is purchasing a 1968 farmhouse on a private well with an oil furnace. A prudent licensee recommends: a Property Disclosure review, a septic inspection, an arsenic-and-bacteria water test, a radon (air and water) test, and a check for buried oil tanks—every one of these maps to a real Maine disclosure or contingency.
Disclosure vs. Disclaimer
Selling "as-is" does not waive the statutory disclosure duty. An as-is clause limits the seller's obligation to make repairs; it does not excuse delivering the Title 33 §173 statement or concealing known defects.
Under Maine Title 33 §173, when must the seller deliver the Property Disclosure Statement, and what happens if it is delivered late?
What is the standard for a seller's disclosure obligation in Maine?
Federal law requires which of the following for a home built in 1971?
Which water-quality contaminant is especially common in Maine private wells because of the state's bedrock geology?
A seller lists a property 'as-is.' What does this clause accomplish regarding Maine disclosure duties?