Title 10

1. Enforcement. The appropriate state regulators within the Department of Professional and Financial Regulation shall enforce this chapter for any person that is licensed or regulated by those regulators. The Attorney General shall enforce this chapter for all other persons. 2. C…

The following provisions govern rules and education and compliance. [PL 2005, c. 583, §13 (NEW); PL 2005, c. 583, §14 (AFF).] 1. Rules. With respect to persons under the jurisdiction of the regulatory agencies of the Department of Professional and Financial Regulation, the approp…

A person who knows or reasonably believes that the person's personal information has been misused in violation of Title 17‑A, section 905‑A may report the misuse and obtain a police report by contacting the local law enforcement agency that has jurisdiction over the person's actu…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 195, §1 (NEW).] 1. Dealer. "Dealer" means a person located within this State who sells goods or solicits or advertises the sale of goods to the public. "…

A dealer, distributor or franchisee who has been damaged by violation of this chapter may bring an action to enjoin the violation and to recover damages arising from the violation. A final judgment, order or decree rendered against a person in a civil, criminal or administrative …

The following are unfair methods of competition and unfair and deceptive practices. [PL 1993, c. 195, §1 (NEW).] 1. Damage to public. It is unlawful for a manufacturer, distributor or dealer to engage in an action that is arbitrary, in bad faith or unconscionable and that causes …

Written or oral agreements between a manufacturer and a distributor or dealer, including but not limited to franchise offerings, franchise agreements, agreements for sales of goods, advertising, leases or mortgages of goods, promises to pay, security interests, pledges, insurance…

Notwithstanding any other provision of law, it is unlawful for the manufacturer or franchisor, without due cause, to terminate a franchise or to fail to renew a franchise on terms then equally available to all its distributors or dealers.

All notices of termination or nonrenewal required by this chapter must: [PL 1993, c. 195, §1 (NEW).] 1. Delivery. Be sent by registered, certified or other receipted mail, delivered by telegram or personally delivered to the distributor or dealer; and 2. Statement of intent. Cont…

A manufacturer shall honor, in a timely fashion, an obligation to dealers or distributors to replace goods, reimburse or pay costs and expenses or provide services arising as a result of a warranty, franchise agreement or other agreement subject to this chapter.

A contract or part of a contract or activity undertaken pursuant to a contract in violation of this chapter is deemed against public policy and is void and unenforceable.

Actions arising out of any provision of this chapter must be commenced within 2 years after the cause of action accrues; however, if a person liable under this chapter conceals the cause of action from the person entitled to bring that action, the period prior to the discovery of…

Violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade Practices Act, Title 5, chapter 10.

This Act shall be known and may be cited as the "Maine Self-service Storage Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 62 (NEW).] 1. Default. "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement. 1-A. Abandoned leased spa…

1. Operator not to permit use for residential purposes. An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. 2. Occupant not to use for residential purposes. An occupant may not use a leased space for resident…

An operator shall provide an occupant with a rental agreement. If, within 30 days of the delivery of the rental agreement from the operator to the occupant by hand delivery, first-class mail or e-mail, the occupant fails to sign the rental agreement, the occupant's payment of ren…

1. Lien created. The operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor or other charges, and for expenses reasonably incurred in its sale, as provided in this Act. The lien attaches as of the date the o…

1. Sale; use of proceeds. Except as provided in subsection 1‑A, if the occupant is in default for a period of more than 45 days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale for cash. Proceeds must then be applied …

1. Imposition of late fee. An operator may impose a reasonable late fee in accordance with this section for each service period that an occupant does not pay rent when due, as long as the due date for the rental payment is not earlier than the day before the first day of the serv…

It is a violation of the Maine Unfair Trade Practices Act if: [PL 2009, c. 525, §9 (NEW).] 1. Occupant fails to take measures to protect personal information. An occupant fails to take appropriate measures to protect personal information of clients, customers or others with whom …

In the case of an abandoned leased space, the operator has the right to immediately take possession of the leased space and dispose of any personal property in the leased space by any means at the operator's discretion.

This Act may be known and cited as the "Maine Marina and Boatyard Storage Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 263, §1 (NEW).] 1. Default. "Default" means the failure to pay obligations incurred by the storage of a boat, boat motor or boat trailer. 2. Facility. "F…

1. Lien created. A facility owner has a lien on property stored at that facility for rent, labor or other charges and for expenses reasonably incurred in the sale of that property under the provisions of this chapter. 2. Exclusion. This chapter does not create a lien on a documen…

A property owner must be notified of the lien created by this chapter before enforcement of the lien by a facility owner. Notification of the lien created by this chapter is satisfied by: [PL 1993, c. 263, §1 (NEW).] 1. Written storage agreement. A written storage agreement signe…

A facility owner may enforce a lien created by this chapter only if the property owner has been notified of the lien as required by section 1384. [PL 1993, c. 263, §1 (NEW).] 1. Sale; use of proceeds. If a property owner is in default for a period of more than 90 days, a facility…

A facility owner shall cease enforcement actions immediately if: [PL 1993, c. 263, §1 (NEW).] 1. Payment by owner. The property owner pays the facility owner the full amount necessary to satisfy the lien. At any time before the conclusion of a sale conducted under this chapter, t…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 250, §1 (NEW).] 1. Administrator. 2. Consumer. "Consumer" means an individual who uses, purchases, acquires, attempts to purchase or acquire or is offere…

1. Limitation on agreements. A consumer arbitration agreement not allowed under federal law is void and unenforceable. 2. Costs and fees. In a provider’s initial notice or communication to a consumer, the provider must clearly and conspicuously disclose the estimated expenses of …

1. Providers of consumer arbitrations. Beginning January 1, 2011, a provider shall collect, publish at least quarterly and make available to the public in a computer-searchable format, which must be available on the publicly accessible website of the provider, if any, and on pape…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 61, §1 (NEW).] 1. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection within the Department of Professional and Financi…

1. License. A person may not directly or indirectly engage in or carry on, or purport to engage in or carry on, the business of, or act in the capacity of, an exchange facilitator in this State without first obtaining a license from the administrator in accordance with this chapt…

1. Financial responsibility. An exchange facilitator shall at all times comply with one or more of the following: A. Maintain a fidelity bond or bonds in an amount not less than $250,000, executed by an insurer authorized to do business in this State; [PL 2009, c. 61, §1 (NEW).] …

1. Duty to client. An exchange facilitator shall act as a custodian for all exchange funds, including, but not limited to, money, property, other consideration or instruments received by the person from, or on behalf of, a client, except funds received as the person's compensatio…

1. Claim on bonds, deposits or letters of credit. The administrator may file a claim on behalf of any client or clients on the bonds, deposits or letters of credit described in section 1397, subsection 1 to recover the damages as a result of financial loss or damages by reason of…

1. Rules. In addition to any other powers and duties of the administrator authorized by law, the administrator may adopt rules as necessary to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chap…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 61, §2 (NEW).] 1. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection within the Department of Professional and Financi…

1. Registration. A person may not directly or indirectly engage in or carry on, or purport to engage in or carry on, the business of, or act in the capacity of, a settlement agency in this State without first registering with the administrator in accordance with this chapter. The…

All new manufactured homes sold by a dealer are covered by the warranties established by this chapter.

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1973, c. 435 (NEW).] 1. Dealer. "Dealer" includes a person who customarily sells manufactured housing to consumers and is subject to the jurisdiction of thi…

1. Warranty on housing. The warranty established in section 1404 applies to: A. The manufacturer of manufactured housing; [PL 1993, c. 642, §6 (NEW).] B. The dealer who sells manufactured housing to the buyer; and [PL 1993, c. 642, §6 (NEW).] C. A person who, in the ordinary cour…

A statutory warranty is hereby established under which both the manufacturer and the dealer certify that to the best of their knowledge, the new manufactured home is free from any substantial defects in the approved building systems, materials and workmanship. The dealer shall de…

The installer or the installer and the dealer, when the dealer is responsible for the installation, shall provide a written warranty with each new manufactured housing unit installed for a buyer. The installer shall deliver the written warranty to the buyer at the time of the ins…