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§13177. Real estate brokerage contracts |
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| | 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. |
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| | 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. |
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| | Brokerage agreements must specify that the real estate | brokerage agency shall, at a minimum: |
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| | 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; |
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| | 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; |
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| | 3.__Answer questions.__Answer the client's questions relating | to the offers, counteroffers, notices and contingencies; and |
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| | 4.__Other services.__Provide any other minimum services or | standards adopted by the commission through rulemaking pursuant | to section 13065, subsection 3. |
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| | Sec. 9. 32 MRSA §13197, sub-§1, as amended by PL 1999, c. 129, §11 and | affected by §16, is further amended to read: |
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| | 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. |
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