Key Takeaways

  • Maine recognizes three types of brokerage relationships: seller agency, buyer agency, and transaction brokerage
  • Transaction brokerage is a unique Maine option where the broker facilitates the transaction without representing either party
  • Licensees must provide the Real Estate Brokerage Relationships form to all prospective clients/customers
  • Written brokerage agreements are required before providing brokerage services
  • Designated agency allows different agents within the same firm to represent buyer and seller
Last updated: January 2026

Maine Agency Relationships

Maine law defines the types of brokerage relationships that real estate licensees may have with consumers. Understanding these relationships is critical for the state exam.

Types of Brokerage Relationships in Maine

1. Seller Agency

A seller's agent represents the seller exclusively:

DutyDescription
LoyaltyUndivided loyalty to the seller
ConfidentialityProtect seller's confidential information
DisclosureDisclose all material facts to seller
ObedienceFollow seller's lawful instructions
AccountingAccount for all funds
CareExercise reasonable care and diligence

2. Buyer Agency

A buyer's agent represents the buyer exclusively:

DutyDescription
LoyaltyUndivided loyalty to the buyer
ConfidentialityProtect buyer's confidential information
DisclosureDisclose all material facts to buyer
ObedienceFollow buyer's lawful instructions
AccountingAccount for all funds
CareExercise reasonable care and diligence

3. Transaction Brokerage (Unique to Maine)

Transaction brokerage is a unique option in Maine where the licensee facilitates the transaction without representing either party:

FeatureDescription
No advocacyDoes not advocate for either party
NeutralRemains neutral throughout transaction
Limited dutiesProvides services without representation
ConfidentialityMaintains confidentiality for both parties

Key Point: Transaction brokerage is different from dual agency. In transaction brokerage, the broker represents NEITHER party—in dual agency, the broker represents BOTH parties.

Transaction Broker Duties

When acting as a transaction broker, the licensee must:

Services Provided

ServiceDescription
Present offersPresent all offers and counteroffers
Answer questionsAnswer questions about the transaction process
Provide formsProvide necessary forms and documents
Assist negotiationsHelp with negotiation process (without advocacy)
Keep confidencesMaintain confidentiality for both parties

What Transaction Brokers Cannot Do

LimitationExplanation
AdvocateCannot advocate for one party over another
Advise on priceCannot advise either party on pricing strategy
Disclose motivationCannot disclose either party's motivation
Negotiate againstCannot negotiate against either party's interest

Designated Agency

Maine allows designated agency (also called appointed agency):

How It Works

FeatureDescription
Same brokerageBuyer's agent and seller's agent in same firm
Designated agentsEach agent represents one party exclusively
Broker roleSupervising broker remains neutral
Written consentRequired from both parties

Designated Agency Requirements

  1. Written disclosure to both parties
  2. Written consent from both parties
  3. Confidentiality barriers between agents
  4. Supervising broker cannot share confidential information

Exam Tip: Designated agency is different from dual agency. In designated agency, each party has their own agent within the firm, whereas in dual agency one agent represents both parties.

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Maine Brokerage Relationships
Test Your Knowledge

What is unique about transaction brokerage in Maine?

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Test Your Knowledge

In designated agency, what role does the supervising broker play?

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