Maine guide

Maine Property Disclosure Statement: What Sellers Must Disclose Under 33 MRSA §171

When you buy a 1-to-4 unit home in Maine, the seller must hand you a Property Disclosure Statement before you sign the purchase and sale agreement.

Reading as buyer.

TL;DR

When you buy a 1-to-4 unit home in Maine, the seller must hand you a Property Disclosure Statement before you sign the purchase and sale agreement. The form lists what the seller knows about the roof, foundation, heating, water, septic, radon, lead paint, flood zone, easements, and more. If you never got the disclosure before signing, Maine law gives you a short window to back out of the deal.

Before you start — 8 things to know

In Maine, the seller of a residential property with up to four units must give you a written Property Disclosure Statement before you sign the purchase and sale agreement.
The disclosure covers structural items (roof, foundation, floors, walls, windows), mechanical systems (heating, plumbing, electrical, central air), water supply, and sewage disposal so you can spot known problems early.
The form also asks the seller to disclose environmental hazards like asbestos, radon, lead paint, underground storage tanks, and other hazardous substances they know about.
Flood zone status, shoreline zoning, easements, deed restrictions, and known zoning violations also belong on the Maine disclosure, which can change how you use or insure the property.
The seller answers based on what they actually know—they are not required to inspect the home for you, so you should still get your own home inspection.
If the seller marks an item "unknown" only to dodge a problem they suspect, that is misrepresentation under Maine law and may give you legal claims after closing.
If the seller fails to deliver the disclosure before contract signing, you can cancel the contract within three days of receiving it or three days after closing, whichever comes first, under 33 MRSA §173.
A listing agent in Maine has their own duty to tell you about any material defect they know about, even if the seller left it off the disclosure form.

The timeline — step by step

Step 1: Ask for the Maine Property Disclosure Statement as soon as you are seriously interested in a home, before you draft an offer.
Step 2: Read every section of the disclosure and flag anything marked "known defect" or "unknown" so you can ask follow-up questions.
Step 3: Use the disclosure to shape your offer—adjust price, ask for repairs, or request credits for items the seller flagged.
Step 4: Sign the purchase and sale agreement only after you have received and reviewed the completed disclosure.
Step 5: Hire a licensed home inspector during your inspection period to verify what the seller disclosed and check anything they did not address.
Step 6: If you only get the disclosure after signing, use your three-day rescission window under 33 MRSA §173 to back out if the new information changes your mind.
Step 7: Keep a signed copy of the Maine Property Disclosure Statement with your closing documents in case a hidden defect surfaces after move-in.

Common questions

When do I get the Maine Property Disclosure Statement?

The seller must deliver the disclosure to you before you sign the purchase and sale agreement, so you can use it to decide whether and how to make an offer.

Does the disclosure replace a home inspection?

No—the seller only discloses what they actually know, so you should still hire your own inspector to look for issues the seller may not be aware of.

What can I do if the seller never gave me the disclosure before I signed?

Under 33 MRSA §173 you can cancel the contract within three days of receiving the disclosure or three days after closing, whichever is earlier.

What if the seller checked "unknown" on a problem I find later?

Choosing "unknown" is only allowed when the seller truly does not know, so using it to hide a suspected defect is misrepresentation and may give you legal claims.

Does the listing agent have to tell me about defects too?

Yes—under 32 MRSA §13272, a Maine listing agent who knows of a material defect must disclose it to prospective buyers even if the seller left it off the form.

Does the Maine disclosure apply to every property I might buy?

It applies to sales of residential real property of up to four units, so single-family homes and small multi-units are covered but larger or non-residential deals may not be.

Sources

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