LD 1484
pg. 4
Page 3 of 7 An Act To Protect Consumers and Enhance Real Estate Practice Page 5 of 7
Download Bill Text
LR 1497
Item 1

 
§13177. Real estate brokerage contracts

 
Nonexclusive listing contracts relating to one to 4 family
residential properties, in addition to all exclusive right-to-
sell and exclusive agency listing contracts, must be in writing,
be signed by the person to be charged and specifically identify
the date upon which the contract will expire. If the parties to
the contract desire to continue the contract, a new contract must
be executed.

 
Brokerage contracts may not be enforced against any principal
who in good faith subsequently engages the services of another
agency on an exclusive right-to-sell basis following the
expiration date of the first contract. Any contract provisions
extending a licensee's right to a fee following expiration of the
contract shall may not exceed 6 months.

 
Brokerage agreements must specify that the real estate
brokerage agency shall, at a minimum:

 
1.__Accept and present offers and counteroffers.__Accept
delivery of and present to the client offers and counteroffers to
buy or sell the client's property or the property the client
seeks to purchase;

 
2.__Assist in preparation of offers and counteroffers.__Assist
the client in developing, communicating, negotiating and
presenting offers, counteroffers and notices that relate to the
offers and counteroffers until a purchase agreement is signed and
all contingencies are satisfied or waived;

 
3.__Answer questions.__Answer the client's questions relating
to the offers, counteroffers, notices and contingencies; and

 
4.__Other services.__Provide any other minimum services or
standards adopted by the commission through rulemaking pursuant
to section 13065, subsection 3.

 
Sec. 9. 32 MRSA §13197, sub-§1, as amended by PL 1999, c. 129, §11 and
affected by §16, is further amended to read:

 
1. Requirement. As a prerequisite to renewal of a license,
applicants must complete 15 21 clock hours of continuing
education within 2 years prior to the date of application in
programs or courses approved by the commission. This requirement
does not apply to agency and company licenses.


Page 3 of 7 Top of Page Page 5 of 7