Dept. of Professional & Financial Regulation
Office of Professional & Occupational Regulation
MAINE REAL ESTATE COMMISSION
35 State House Station Augusta ME 04333-0035
Are you interested in buying or selling resi-
dential real estate in Maine? Before you
begin working with a real estate licensee it is
important for you to understand that Maine
Law provides for different levels of brokerage
service to buyers and sellers. You should
decide whether you want to be represented in
a transaction (as a client) or not (as a customer). To assist you in deciding
which option is in your best interest, please review the following information
about real estate brokerage relationships:
Maine law requires all real estate brokerage companies and their affiliated
licensees (“licensee”) to perform certain basic duties when dealing with a
buyer or seller. You can expect a real estate licensee you deal with to pro-
vide the following customer-level services:
To disclose all material defects pertaining to the physical condi-
tion of the real estate that are known by the licensee;
To treat both the buyer and seller honestly and not knowingly give
false information;
To account for all money and property received from or on behalf
of the buyer or seller; and
To comply with all state and federal laws related to real estate
brokerage activity.
Until you enter into a written brokerage agreement with the licensee for
client-level representation you are considered a “customer” and the licen-
see is not your agent. As a customer, you should not expect the licen-
see to promote your best interest, or to keep any information you give
to the licensee confidential, including your bargaining position.
If you want a licensee to represent you, you will
need to enter into a written listing agreement or
a written buyer representation agreement. The-
se agreements create a client-agent relation-
ship between you and the licensee. As a client
you can expect the licensee to provide the fol-
lowing services, in addition to the basic ser-
vices required of all licensees listed above:
To perform the terms of the written agreement with skill and care;
To promote your best interests;
For seller clients this means the agent will put the
seller’s interests first and negotiate the best price and
terms for the seller;
For buyer clients this means the agent will put the buy-
er’s interests first and negotiate for the best prices and
terms for the buyer; and
To maintain the confidentiality of specific client information, in-
cluding bargaining information.
COMPANY POLICY ON CLIENT-LEVEL SERVICES —
WHAT YOU NEED TO KNOW
The real estate brokerage company’s policy on client-level services deter-
mines which of the three types of agent-client relationships permitted in
Maine may be offered to you. The agent-client relationships permitted in
Maine are as follows:
The company and all of its affiliated licensees represent you
as a client (called “single agency”);
The company appoints, with your written consent, one or
more of the affiliated licensees to represent you as an
agent(s) (called “appointed agency”);
The company may offer limited agent level services as a
disclosed dual agent.
WHAT IS A DISCLOSED DUAL AGENT?
In certain situations a licensee may act as an agent for and
represent both the buyer and the seller in the same transaction. This
is called disclosed dual agency. Both the buyer and the seller must
consent to this type of representation in writing.
Working with a dual agent is not the same as having your own exclu-
sive agent as a single or appointed agent. For instance, when representing
both a buyer and a seller, the dual agent must not disclose to one party any
confidential information obtained from the other party.
THIS IS NOT A CONTRACT
It is important for you to know that this form is not a contract. The licensee's
completion of the statement below acknowledges that you have been given
the information required by Maine law regarding brokerage relationships so
that you may make an informed decision as to the relationship you wish to
establish with the licensee/company.
To Be Completed By Licensee
This form was presented on (date)_____________________________
To______________________________________________________
Name of Buyer(s) or Seller(s)
____________________________________________
by______________________________________________________
Licensee's Name
on behalf of_______________________________________________
Company/Agency
MREC Form#3 Revised 07/2006
Office Title Changed 09/2011
Right Now
You Are A
Customer
To check on the license status of the real estate brokerage company or affiliated licensee go to www.maine.gov/professionallicensing.
Inactive licensees may not practice real estate brokerage.
You May
Become
A Client
Remember!
Unless you enter into a written agreement
for agency representation, you are
a customer—not a client.
REAL ESTATE BROKERAGE RELATIONSHIPS FORM
