Maine guide

Maine Buyer Brokerage Agreement: Requirements After NAR Settlement

Q: Do I really have to sign a buyer brokerage agreement before touring a home in Maine?

Yes, both 32 MRSA §13271 and the NAR settlement that took effect August 17, 2024 require a signed written buyer agreement before your agent shows you any MLS-listed property.

Q: Can the contract just say the fee will be set later or that the MLS decides it?

No, Maine guidance and the NAR settlement both require a specific number or percentage in writing, and "to be determined" language is not allowed.

Q: What happens if a Maine agent shows me homes without an agreement?

That breaks both NAR settlement rules and 32 MRSA §13271, and the Maine Real Estate Commission can discipline the agent for not documenting the agency relationship.

In Maine, your agent must have you sign a written buyer brokerage agreement before they do any work for you, under state law 32 MRSA §13271 and Maine Real Estate Commission rules.

Reading as buyer.

TL;DR

In Maine, your agent must have you sign a written buyer brokerage agreement before they do any work for you, under state law 32 MRSA §13271 and Maine Real Estate Commission rules. The settlement that took effect August 17, 2024 stacks on top of that and requires the signed agreement before they show you any home. The agreement has to spell out a specific fee, a clear time period, and the area or properties you are searching, so you know exactly what you owe before you tour a single house.

Before you start — 11 things to know

Maine law at 32 MRSA §13271 already required a written buyer brokerage agreement before an agent could provide services to you, and the August 17, 2024 settlement now requires the same thing before showing any -listed home.
The agreement must name the parties, set a clear start and end date, and describe the properties or geographic area you are searching in Maine.
Compensation has to be a specific number or percentage in writing, and Maine guidance does not let the contract say the fee is "to be determined" or set by the later.
The agreement must state the type of agency relationship you have, such as single agency or disclosed dual agency, so you know whether your agent represents only you.
Maine requires the brokerage to present every offer you want to make, and that duty is part of the buyer brokerage agreement itself.
If the seller's side offers cooperative compensation that covers your agent's fee, that has to be disclosed to you and credited toward what you owe under your agreement.
Your agent cannot collect more compensation from any source than the amount written in your agreement unless you sign a written change first.
Showing you a home without a signed agreement is both a settlement violation and a Maine licensing issue, and the Maine Real Estate Commission can discipline an agent for failing to document the agency relationship.
The length of the agreement is negotiable, and a short 30 to 60 day term for initial showings is a normal way to start if you are not ready to commit longer.
You can also ask for a property-specific agreement that only covers one address for a first showing, then sign a broader contract once you decide to keep working with that agent.
Maine brokerages have to keep the signed agreement in the transaction file for three years, so make sure you get your own copy at signing.

The timeline — step by step

Before any tour, your Maine agent gives you a written buyer brokerage agreement to read along with an agency disclosure explaining who they represent.
You and the agent talk through the fee, the search area, and the length of the contract, and write a specific dollar amount or percentage into the compensation line.
You both sign the agreement before stepping into any -listed home, which is what the August 17, 2024 settlement and 32 MRSA §13271 both require.
When you find a Maine home you want to make an offer on, your agent checks whether the listing is offering any cooperative compensation and tells you in writing.
If the seller's side offer is less than what you agreed to pay, you and the agent decide whether to ask the seller for more in your offer, change the contract, or cover the gap at closing.
Any seller contribution toward your agent's fee is applied first at closing and credited against the amount in your agreement, so you only pay the remainder, if any.
If your search runs past the end date or expands beyond the original area, you sign a written update to the agreement before continuing to tour homes.

Common questions

Do I really have to sign a buyer brokerage agreement before touring a home in Maine?

Yes, both 32 MRSA §13271 and the settlement that took effect August 17, 2024 require a signed written buyer agreement before your agent shows you any -listed property.

What has to be inside the agreement under Maine law?

It has to identify the parties, set a duration or termination, describe the properties or geographic area, state the agency relationship, include the brokerage's duty to present all offers, and write in a specific compensation amount.

Can the contract just say the fee will be set later or that the [[MLS]] decides it?

No, Maine guidance and the settlement both require a specific number or percentage in writing, and "to be determined" language is not allowed.

What if the seller offers to pay my agent's commission?

That cooperative compensation has to be disclosed to you and credited toward the amount you owe under your agreement, so the seller's contribution is applied first at closing.

Can my agent collect more than what we wrote down if a seller pays a bigger commission?

No, your agent cannot accept more compensation from any source than the amount in your agreement unless you sign a written change agreeing to it.

How long does the agreement have to last?

The length is negotiable, and a 30 to 60 day term for initial showings is a common way to start in Maine if you do not want to lock in a long search yet.

What happens if a Maine agent shows me homes without an agreement?

That breaks both settlement rules and 32 MRSA §13271, and the Maine Real Estate Commission can discipline the agent for not documenting the agency relationship.

Can I sign a short agreement for just one house first?

Yes, you can ask for a property-specific or short-term agreement for an initial showing, then update to a broader contract once you decide you want to keep working with that agent.

Glossary

2 terms

NAR — National Association of Realtors: The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service: The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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