No — but you need to understand who's in the room with you.
As of August 17, 2024, if you want to tour a home with your own buyer's agent, a signed Buyer Representation Agreement is required first — for both in-person and live virtual tours. That agreement must spell out exactly the terms of your representation.
If you tour with the seller's agent, no written agreement is required. That agent represents the seller. They can show you the property and submit your offer — but they cannot advise you in your interest unless both the seller and buyer agree in writing to dual agency, where one agent represents both parties in the same transaction. In that case, the agent is a Disclosed Dual Agent. Otherwise, they are the seller's agent.
I don't practice dual agency. If I'm representing a seller, I'm representing the seller. If I'm representing a buyer, I'm representing the buyer. If you want someone in your corner, you need your own agent.
Open houses are the exception — you can walk in without any agreement.
The bottom line: you can see a property without signing anything. What you can't get — without agreeing to it in writing — is someone whose job is to protect and promote your interest.
You can go it alone. But understand what that means.
The seller's agent — also called the listing agent — represents the seller. They are not there to advise you on price, flag inspection concerns, or negotiate in your favor, etc. That is not their job. Their job is to represent their client, the seller.
The only exception is disclosed dual agency — where one agent represents both parties in the same transaction, with written consent from both. In that case, the agent's ability to advocate fully for either side is limited by nature.
If you want someone whose job is to protect and promote your interest — you need your own agent.
I don't practice dual agency. If I'm the seller's representative and you come in unrepresented, I can show the property and submit your offer (as a monkey with a pen). But I work for the seller, and I'll be transparent about that from the start.
It depends on the deal. Certainly not upfront.
No payment is due until closing — it appears as a line item on your closing statement. Agent compensation in Maine is negotiable and is no longer displayed in the MLS. It can be:
— Offered by the seller as part of the transaction — Requested by the buyer in the purchase offer — Paid directly by the buyer if not negotiated otherwise
Your Buyer Representation Agreement will spell out exactly what is owed and under what terms — before any showings happen.
No — and this is important to understand.
Commission rates are, and always have been, negotiable. Any suggestion otherwise would be a violation of federal antitrust law.
The Department of Justice and the NAR settlement of 2024 brought this into the spotlight after years of industry and public practices that made commissions seem and feel standardized. They are not. There is no fixed rate throughout the industry. Every real estate business — myself included — sets their own fees, which are not governed by the industry. What you agree to pay is between you and your agent/agency, documented in writing before any representation work begins. Is there a standard rate in Maine? No, there is not.
You should have one — and not just to satisfy the seller. It protects you too.
Some sellers require proof of qualification before allowing showings. More importantly, different loan types finance different property conditions and types. A home that qualifies for a conventional loan may not qualify for FHA or USDA loan types. Without knowing your number and your loan type, you risk falling in love with a property you can't actually finance. Ouch.
Get qualified first. Then we go look.
That's a question for your lender — and I mean that directly, not as a deflection.
A lender will review your income, debt, credit, and the loan type you qualify for to give you a real number. What I can tell you is this: that number changes which properties make sense, which don't, and how strong your negotiating position is. Get it before we start looking.
The purchase price is just the start. Budget for:
You'll receive a Closing Disclosure before the closing that itemizes every dollar. Review it carefully — and ask questions if something doesn't look right.
They answer two completely different questions — and confusing them is one of the most costly mistakes buyers make.
Home inspection (due diligence): answers "Does this property satisfy me as a buyer?" It's your investigation — structural, mechanical, environmental — done at your expense, by professionals you choose, in your sole discretion. If your contract includes a due diligence contingency, you have a defined number of days from the effective date to complete it. If the results are unsatisfactory, you can terminate the agreement and get your earnest money back. If you don't act within that window — the contingency is waived. Gone.
Due diligence can cover a wide range of investigations including general building condition, water quality and quantity, sewage disposal, air quality, mold, lead paint, pest inspection, survey, zoning, flood plain, septic, chimney, energy audit, and more. It is your opportunity to know exactly what you are buying.
Appraisal: answers "Is this property worth what the bank is lending?" It is ordered by and for the lender — not you. It does not assess condition in detail and it does not protect your position in the contract. If the property appraises below the purchase price, the lender may not fund the full loan amount — that gap becomes your problem. You either make up the difference in cash, renegotiate the price with the seller, or depending on your contract terms, you may have grounds to exit.
A home inspection and a bank-ordered appraisal are two completely different things.
Everything. Maine is a Buyer Beware (caveat emptor) state.
Sellers must disclose known material defects — and "known" is the key word. The burden to investigate falls on you. Use your due diligence period to verify:
Ask your agent. Your inspector will walk you through what they find, but the conversation you have on-site with your agent afterward is where you figure out what actually matters for your decision and your negotiation.
You have an effective contract — and every deadline starts counting. Stress levels will most likely rise.
From the effective date, your inspection window, financing contingency, and closing timeline are all running. Move quickly:
A missed deadline can cost you the deal or your deposit. This is not the time to be slow.
Yes — and it's common. But it requires a plan, not improvisation.
Common approaches include:
The right approach depends on your financial position, your market, and your risk tolerance. This is a situation where having the right representation makes a measurable difference.
Cash purchases can close in 2–3 weeks. Financed purchases take 30–60 days or more, depending on loan type, lender, and desired closing date.
Typical timelines by loan type:
If you need more time — a later move date, time to sell your current home, or any other reason — your closing date is negotiable and set by agreement between buyer and seller.
The biggest variables are your lender's pipeline and how quickly you respond to requests. Stay responsive — it's one of the few things fully within your control.
In Maine, you are required to disclose known material defects — anything that could significantly affect the property's value, condition, or a buyer's decision to purchase, including anything that may have an adverse impact on health or safety.
The Maine Association of REALTORS® has prepared an 8-page Seller's Property Disclosure form that covers:
The operative word throughout is known. You are not required to discover hidden defects. But anything you are aware of must be disclosed. The form states clearly: the seller shall be responsible and liable for any failure to provide known information regarding known material defects to the buyer.
The disclosure is not a warranty of condition.
No. In Maine, sellers are required to disclose known material defects — regardless of how the property is being sold.
If you are a FSBO, for sale by owner, the buyer's agent will most likely ask you for a completed disclosure form and/or walk you through the disclosure questions directly. It will come up. The buyer must be provided a copy of the disclosure at the time of making an offer.
Yes — as-is shows intention that you won't make repairs and want to sell in the condition it is.
No. It depends on your life circumstances, strategy, and priorities.
Not necessarily — the right answer depends on your strategy and needs.
Unless a repair is agreed to in writing in the purchase contract, nothing is required.
Real estate pricing is a form of art based on factual data, statistical interpretation, and expectation — don't let people talk to you only about the first one.
The factual foundation is comparable sales: what similar properties in similar locations have actually sold for. But that's just the starting point. From there it becomes interpretation between micro and macroeconomics — how does your property compare, what does current inventory look like, how many months of supply does your market have, where does buyer expectation sit right now, and so on and so forth.
Analytical data interpretation is what separates a strategic price from a guess. And sometimes life happens regardless of how well you plan. The goal is to go in with the strongest position possible.
There's no single answer — but there are strategies, and the right one depends on your goals, needs, and your property.
Statewide, Maine's monthly supply sits at 4.6 months as of February 2026 — a balanced market on average. However, Maine is not one market. As of February 2026, Cumberland County (Southern Maine) shows 2.0 months of supply — a strong seller's market (still). Penobscot County as of February 2026 shows 6.4 months — the beginning of a buyer's market. Same state, completely different dynamics. Where your property is located can change everything.
That context shapes your options:
— Aggressive pricing with negotiation room built in
— Sharp market-value pricing to generate urgency and competing interest
— Tiered approach with planned price review points if no activity within a set window
Your strategy should be built on data and a clear read of your specific market — not emotion, not what your neighbor got two years ago.
As a seller in Maine, your closing costs typically include:
These will be itemized on your closing statement. Review it before you get to the closing table — never hesitate to ask your agent questions if something is unclear. We all make mistakes.
It depends.
Commission rates are negotiable — always have been, always will be. There is no standard rate. Any implication otherwise would violate federal antitrust law. The Department of Justice and the 2024 National Association of Realtors settlement made this explicit after years of practices that made rates feel fixed. They are not.
What you pay is agreed upon in writing before any work begins — in your listing agreement as a seller, or in your Buyer Representation Agreement as a buyer.
It depends on a few things: how your property is positioned, where it's located, who your buyer audience is and who represents your interest. For sale by owners, possibly takes longer.
In Maine's current market (March 2026), the average statewide monthly supply sits at 4.6 months. A well-priced, well-presented property in a strong location can secure a buyer in a few days. An overpriced one in a limited-buyer market can sit for months — and usually at that point, every day it sits costs you leverage.
Your listing strategy — not the market alone — is the biggest variable you control.
Ask your agent — and be ready to hear honest feedback, not just encouragement.
Preparation is property-specific. What works for a lakefront camp in mid-coast Maine is different from what works for a Cape in a suburban neighborhood. First impressions are formed in seconds online, before anyone sets foot inside.
We'll talk through what actually moves the needle for your specific property before you spend a dollar.
We move forward. We re-list, assess your damages, and strategize. Buyers back out — it happens.
Maine imposes a transfer tax on every real estate transaction. The tax is split equally between buyer and seller — $1.10 each per $500 of the sale price, or any fraction thereof.
As of November 1, 2025, properties that transfer above $1,000,000 are subject to an additional tax. On the value exceeding $1,000,000, the rate increases to $3.80 per $500 — again split equally between buyer and seller.
This is a state-mandated tax paid at closing. It is not negotiable between the parties and will appear on both the buyer's and seller's closing statements, unless otherwise explicitly agreed upon in the contract.
If you're selling Maine property and you are not a Maine resident, the state requires 2.5% of the sale price to be withheld at closing — but only when the sale price is $100,000 or more. This withholding is submitted to Maine Revenue Services as an estimated payment toward any Maine tax liability on the gain from the sale.
The buyer is responsible for withholding and remitting the funds — but as the seller, it comes out of your proceeds. In practice, the title company performing the closing will typically remit the funds on behalf of the buyer. Either way, factor it into your net calculation before closing day.
If you believe you qualify for an exemption or reduction, you must apply using Form REW-5 — and it must be submitted at least 5 business days before closing. Late submissions may be denied.
Maine residents are generally exempt from this requirement, but documentation confirming residency is required.
A warranty deed transfers ownership with the strongest guarantee available — the seller warrants clear title through the full history of ownership, not just their own period. Free of encumbrances, full right to sell, and they will defend the title against claims from anyone.
A quitclaim deed with covenant adds one layer of protection: the seller warrants that they personally have not done anything to cloud the title during their ownership. They will defend the title against claims arising from their own ownership period — but not from anyone before them. It is limited protection.
A quitclaim deed transfers whatever ownership interest the seller has — nothing more, nothing less. There are no promises about the title's history. If issues from the past surface after closing, the buyer has no recourse against the seller.
This type of deed is often used in estate sales, family transfers, divorces, and foreclosures.
A release deed conveys whatever estate or interest the grantor has in the property — same as a quitclaim deed, just in release form. It is commonly used when a party is releasing their interest in a property rather than actively selling it — such as when a co-owner steps off title, an heir releases a claim, or a lien is discharged after payoff.
No warranties, no promises about title history. It conveys what the grantor has — nothing more.
Title insurance is a safety net that protects you from issues that could surface during or after your ownership: unpaid liens from previous owners, recording errors, forged documents, ownership disputes, or clerical mistakes in public records. This insurance is typically purchased through the title/closing company handling your transaction.
It is one-time fee and it protects against defects on the title.
There are two types:
Lender's title insurance — required by your lender. Protects their investment up to the loan amount. Does not protect you.
Owner's title insurance — optional. Protects your investment. One-time premium at closing and typically costs between 0.5% and 1% of the property's purchase price.
Your lender requires theirs. Typically buyers opt in for owner's — regardless of deed type. I have seen it work out well. I had clients who needed it — a seller's lien that wasn't properly discharged at their purchase showed up years later when they went to sell. Their owner's title insurance handled it. Without it, that would have been their problem to solve.
For land developers and builders: if you are buying land and plan to build, remember to call and update your title insurance once the home is built to cover the value of the new structure. Your original policy covered the land. Your new home needs to be added.
Starting August 17, 2024, real estate agents are required to have a signed written agreement with a buyer before showing them any home in person or on a live virtual tour. This is now a firm rule — not optional.
That written agreement must spell out four things clearly:
One important note: you do not need a signed agreement just to speak with an agent at an open house or to ask general questions about their services. The requirement kicks in when you're ready to actually tour a home.
At the same time, compensation offers from sellers' agents were removed from the Multiple Listing Service entirely. The Multiple Listing Service is the shared database that agents use to list and find properties for sale. Sellers can still choose to offer compensation to a buyer's agent — they just can't advertise it through that database anymore.
The goal is straightforward: before any work begins, you should know exactly what your agent will be paid, who is paying it, and what you agreed to.
Yes — and it always was. The 2024 changes didn't create negotiability; they made it more visible.
The National Association of Realtors settlement did not fix, set, or limit what agents can earn. It reinforced that compensation has never been standardized, and is solely a matter of agreement between you and your agent. In fact, every buyer agreement is now required to include a clear, written statement saying exactly that.
What changed is that the negotiation now happens upfront and in writing, before you tour any property — rather than being unclear in the transaction process.
Before August 2024, it was common practice for a seller's agent to offer compensation to a buyer's agent directly through the Multiple Listing Service listing — with a specific dollar amount or percentage visible to all participating agents. That compensation field has been removed entirely from the Multiple Listing Service.
Now, how your agent gets paid is worked out in advance, and there are several ways it can happen:
Whichever path you take, the terms are agreed to in writing before showings begin. If the seller ends up contributing more than what you agreed to pay your agent, your agent cannot get paid the difference — the agreement caps what they can collect from any source.
The change protects buyers by making the entire compensation conversation happen openly, before any work begins, rather than discovering any details at closing.
It means your agent works for you — not the other party, not the transaction, not the commission.
Your agent seeks the best outcome for you: the right price, the right terms, full disclosure of anything that could affect your decision. They keep your information confidential, present all offers promptly, and account for your money and documents properly.
It does not mean your agent makes decisions for you.
This relationship is established in writing through a brokerage agreement.
When an agent represents your interest, they owe you fiduciary duty — the obligation to put your interests first, above their own, above the other party, and above the transaction itself. It begins the moment a written brokerage agreement is signed.
In Maine, these duties are defined by state statute and include loyalty, obedience, confidentiality, disclosure, accounting, and reasonable care and diligence.
Not all representation is equal. A buyer's or seller's agent owes you full fiduciary duty. A disclosed dual agent's duty is limited by nature — they represent both sides. A transaction broker owes no fiduciary duty — they facilitate without representing either party — but they do owe honesty and disclosure of material defects.
Know which one you have.
A buyer's agent is the agent — and the brokerage they are affiliated with— who has entered into a written brokerage agreement with you, the buyer, to represent your interests as their client.
Their job is to seek a property at your price and terms, present all offers on your behalf, disclose material facts about the transaction, keep your information confidential, and protect and promote your interest throughout the process.
This relationship is established in writing before any touring begins. As of August 2024, a signed Buyer Representation Agreement is required before an agent can show you property in a private setting. That agreement must clearly state the terms of your representation, including compensation.
Your buyer's agent owes you full fiduciary duty — they work for you and not for the seller.
A seller's agent — also called a listing agent — is the agent who has entered into a written brokerage agreement with the seller to represent the seller as their client.
Their job is to seek a sale at the best price and terms for the seller, present all offers, disclose material facts to the seller, keep the seller's information confidential, and protect and promote the seller's interest throughout the transaction.
A seller's agent can perform ministerial acts for a buyer — like preparing and conveying an offer — but that does not create an agency relationship with the buyer and does not make them the buyer's agent. They still work for the seller.
If you are a buyer working directly with the seller's agent, understand clearly: that agent's fiduciary duty runs to the seller, not to you.
A disclosed dual agent is an agent that represents both the buyer and the seller in the same transaction, with the informed written consent of both parties.
This is permitted in Maine, but it comes with real limitations. A dual agent cannot fully promote one party's interest over the other's. There are specific things a dual agent is restricted from disclosing:
Both parties must sign a written consent agreement that explains exactly what they are agreeing to before the dual agency relationship begins.
I don't practice dual agency. If I'm representing a seller, I'm representing the seller. If I'm representing a buyer, I'm representing the buyer.
An appointed agent is a specific agent within an agency/brokerage designated — in writing, by the broker — to represent one client exclusively, to the exclusion of all other agents in that brokerage.
When a single brokerage represents both a buyer and a seller in the same transaction, they can appoint a separate agent to each party. Each appointed agent works solely for their client and owes them full fiduciary duty — even though both agents are affiliated with the same agency/brokerage.
If you want to know whether your agent is your appointed agent — check your agreement. It should be in writing.
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