Maine guide
Maine Agency Framework: Single Agency, Disclosed Dual Agency, and Appointed Agency
In Maine, the agent you work with can represent only you, represent both sides at once, or be assigned to you inside a dual-agency brokerage.
Reading as buyer.
TL;DR
In Maine, the agent you work with can represent only you, represent both sides at once, or be assigned to you inside a dual-agency brokerage. Each setup changes who owes you full loyalty and who only owes you honesty and material-fact disclosure. You must sign written consent before any dual agency can start, never after the fact.
Before you start — 7 things to know
A Maine single-agency brokerage works only for you and owes you loyalty, confidentiality, obedience to lawful instructions, full disclosure, reasonable care, and accounting for your money.
If a brokerage wants to represent both you and the seller at the same time, that is disclosed dual agency, and Maine only allows it after both sides sign a written consent before it starts.
A Maine dual agent cannot tell you the highest price the seller will accept, even if the agent knows it, because dual agents are forbidden from advocating for one side over the other.
Appointed agency lets the designated broker assign one licensee to be your buyer's agent and a different licensee to be the seller's agent, so each of you still gets full single-agency loyalty.
Even when a Maine brokerage is acting as a dual agent, it still owes you honesty, reasonable care, accurate accounting for deposits, and confidentiality about your private information.
If an agent starts coaching both sides without written dual-agency consent on file, the Maine Real Estate Commission can discipline them, and you may have grounds to challenge how the deal was handled.
Maine's agency rules live in Title 32 of the state statutes, section 13271 and the sections that follow, so anyone can read exactly what duties a real estate agent owes a buyer.
The timeline — step by step
At your first real conversation with a Maine agent about buying, ask for the agency disclosure form that explains single, dual, and appointed agency.
Decide whether you want a buyer-only agent or are open to working with a brokerage that may also list a home you want to buy.
If you choose single agency, sign a written buyer representation agreement that names the brokerage as your agent before serious house hunting begins.
If a dual-agency situation comes up because your brokerage also lists the home you want, read and sign the written dual-agency consent before any showings or negotiations continue.
If the brokerage uses appointed agency, confirm in writing which licensee is your appointed buyer's agent so you know which person still owes you loyalty.
Keep a signed copy of every Maine agency disclosure, consent, and appointment form in your own records in case a dispute comes up during or after closing.
Common questions
What is the difference between a buyer's agent and a dual agent in Maine?
Can a Maine dual agent tell me how low the seller will go on price?
Do I have to agree to dual agency if my agent asks me to?
What is appointed agency and is it better for me than plain dual agency?
What happens if an agent never explained the agency relationship to me?
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