Title 32, Title 32

A person or entity who violates any provision of this chapter commits a civil violation for which a forfeiture of not more than $2,000 for each violation may be adjudged, plus the amount of compensation received in the subject transaction. Any officer or agent of an entity who pe…

All hearings and records of hearings conducted by the grievance committee or the professional standards committee of any state or regional professional real estate association or board are confidential and are exempt from discovery.

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, …

It is declared to be the policy of the State that licensees shall be supervised by the Real Estate Commission in a manner to ensure that they meet standards which will promote public understanding and confidence in the business of real estate brokerage.

1. Real Estate Commission composition. The Real Estate Commission, established by Title 5, section 12004‑A, subsection 37, consists of 4 industry members and 2 public members as defined in Title 5, section 12004‑A. 2. Qualifications. Each industry member of the commission must ha…

The commission may establish guidelines and rules by which this chapter shall be administered. Rules shall be subject to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II and consistent with the law to govern the following. [PL 1987, c. 395, Pt. A, §212 …

In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the commission may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: [PL 2007, c. 402, Pt. BB, §12 …

1. Licensing. After hearing, the commission may affirm, modify or reverse the director's decision to deny an examination, license or renewal license or, in its discretion, file a complaint in the District Court pursuant to Title 4, chapter 5 and Title 5, section 10051 to determin…

1. Appointment. The Commissioner of Professional and Financial Regulation, with the advice of the Real Estate Commission and subject to the Civil Service Law, shall appoint a director of the commission. 2. Duties. The director is responsible for the management of the commission's…

As used in this chapter, except for subchapter 7, "real estate brokerage agency" or "agency" means any person or entity engaged in real estate brokerage services through its designated broker, associates or employees and licensed by the commission as a real estate brokerage agenc…

Each applicant for an original agency license shall submit an application, signed by the authorized agency official, together with the fee as set under section 13007.

1. Designated broker. The owner or a duly authorized agency official shall hold a Maine real estate broker license and be designated by the agency to act for it in the conduct of real estate brokerage. 2. Employees. Every person employed by or on behalf of the agency in the perfo…

A license may be denied to any agency applicant: [PL 1987, c. 395, Pt. A, §212 (NEW).] 1. Complete and accurate application. Who fails to submit a complete and accurate application; 2. Proof of qualifications. Who fails to submit satisfactory proof that it has met the qualificati…

Any change of address, name or other material changes in the conditions or qualifications set forth in the original application must be reported to the director no later than 10 days after the change. Upon application and payment of the fee as set under section 13007, the commiss…

Agencies may conduct business under a trade name, provided that their license is issued under the trade name. If an agency is licensed with a trade name, that trade name shall be used by the agency, its employees and independent contractors in all real estate brokerage related ad…

1. Definitions. As used in this section, "brokerage agreement," "real estate brokerage agency" and "client" have the same meanings as in section 13271. 2. Written agreements. A brokerage agreement between a real estate brokerage agency and a client must be in writing and, at a mi…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Long-term agreement" means a contract or agreement between a provider and an owner under which: (1) The owner agrees to list the owner's residenti…

Every agency shall maintain a federally insured account or accounts in a financial institution authorized to do business in this State, as defined in Title 9‑B, section 131, subsection 17‑A, or a credit union authorized to do business in this State, as defined in Title 9‑B, secti…

The designated broker shall exercise a reasonable level of supervision commensurate with the level of qualification and experience of agency employees and independent contractors supervised, in order to protect and promote the interests of its clients with absolute fidelity. The …

When any broker, associate broker or real estate sales agent is discharged or terminates employment with a brokerage agency, the designated broker shall immediately send a communication to the last known address of the broker, associate broker or sales agent advising the broker, …

The director shall issue to each agency a license in the form and size prescribed by the Commissioner of Professional and Financial Regulation. The license of each broker, associate broker and sales agent must be delivered or mailed to the designated broker and be kept in the cus…

Agency licenses expire on December 31st, or at such times as the Commissioner of Professional and Financial Regulation may designate, of each biennial period for which it was issued. Upon application and payment of the fee as set under section 13007, a renewal license is issued f…

An agency, through its designated broker, may perform all of the brokerage services contemplated by this chapter and may employ or retain others to perform brokerage services on behalf of the agency. The designated broker may also delegate any of the designated broker's duties an…

A designated broker shall maintain complete and adequate records of all real estate brokerage activity conducted on behalf of the broker's agency. The commission shall specify by rule the records required to establish complete and adequate records, including retention schedules. …

1. Application. Applicants must submit an application together with the fee as set under section 13007. 2. Age. The applicant shall have reached his 18th birthday at the time of his application. 3. Residence. The applicant shall provide evidence of his legal residence. 4. High sc…

In lieu of education and experience requirements, nonresident original license applicants must hold a similar active license in good standing in another jurisdiction and must appear at such time and place as the director may designate for the purpose of written examination pertai…

Notwithstanding any provision of this subchapter to the contrary, the commission, in accordance with Title 10, section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under t…

Licenses expire on December 31st, or at such other times as the Commissioner of Professional and Financial Regulation may designate, of each biennial period for which it was issued, except those licenses issued under section 13200. The director shall issue a renewal license for e…

Any change of address, name or other material change in the conditions or qualifications set forth in the original application, including but not limited to criminal convictions or suspension or revocation of any professional license, must be reported to the director no later tha…

1. Placement on inactive status. Any licensee who does not desire to perform any of the activities described in section 13001 and who wants to preserve the license while not engaged in any brokerage activity may apply to the commission for inactive status upon payment of the fee …

1. Requirement. As a prerequisite to renewal of a license, applicants must complete 21 clock hours of continuing education within 2 years prior to the date of application in programs or courses approved by the commission. This requirement does not apply to agency and company lice…

1. Definition. "Real estate broker" or "broker" means any person employed by or on behalf of an agency to perform brokerage and licensed by the commission as a broker. 2. Professional qualifications. An applicant for a broker license must meet the qualifications under paragraphs …

1. Definition. "Associate real estate broker" or "associate broker" means any person employed by or on behalf of an agency to perform real estate brokerage services and licensed by the commission as an associate broker. 2. Professional qualifications. 2-A. Professional qualificat…

1. Definition. "Real estate sales agent" or "sales agent" means any person employed by or on behalf of an agency to perform real estate brokerage services in a training capacity and licensed by the commission as a sales agent. 2. Professional qualification. Each applicant for a s…

A real estate broker or associate broker may not knowingly provide or offer an appraisal or opinion of market value, as set forth in section 14004, on real estate in a transaction where the broker or associate broker, or any other licensee licensed with the agency, is to receive …

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 679, §1 (NEW).] 1. Affiliated licensee. "Affiliated licensee" means a licensee who is authorized to engage in brokerage activity by and on behalf of a…

A real estate brokerage agency that provides services through a brokerage agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting as set forth in this chapter. Such a real estate brokerage agency …

1. Duty to seller. A seller agent: A. Shall perform the terms of the brokerage agreement made with the seller; [PL 1993, c. 679, §1 (NEW).] B. Shall promote the interests of the seller by exercising agency duties as set forth in section 13272 including: (1) Seeking a sale at the …

1. Duty to buyer. A buyer agent: A. Shall perform the terms of the brokerage agreement made with the buyer; [PL 1993, c. 679, §1 (NEW).] B. Shall promote the interests of the buyer by exercising agency duties as set forth in section 13272 including: (1) Seeking a property at a pr…

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 provisions of this subchapter supersede the duties and responsibilities of the parties under the common law, including fiduciary responsibilities of an agent to a client or principal, except with regard to vicarious liability and except as set forth in this subchapter. This s…

Every real estate brokerage agency shall adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which the designated broker and affiliated licensees may engage.

1. Appointed agents. A real estate brokerage agency entering into a brokerage agreement may, through the designated broker, appoint in writing to the client those affiliated licensees within the real estate brokerage agency who will be acting as appointed agents of that client to…

A real estate brokerage agency shall provide in a timely manner to buyers and sellers of residential real property a meaningful, written real estate brokerage relationship disclosure form as defined and mandated by rules adopted by the commission. For purposes of this section, "r…

The commission shall adopt rules setting forth criteria necessary to the implementation of this subchapter. The rules must include, but are not limited to, the following: [PL 1993, c. 679, §1 (NEW).] 1. Disclosure. Those aspects of the services of a real estate brokerage agency a…

1. Effective date. The relationships set forth in this subchapter commence on the effective date of the real estate brokerage agency's brokerage agreement and continue until performance, completion, termination or expiration of that brokerage agreement. 2. Obligation; termination…