agency
Transaction Broker Presumption (Maine)
Under 32 M.R.S. §13282, a Maine real estate brokerage agency is presumed to be acting as a transaction broker unless it has agreed in a written brokerage agreement to represent a party as a client. Client representation cannot arise orally or by implication. A transaction broker serves one or more parties without a fiduciary relationship. Note that in Maine the agency, not the individual licensee, is the seller agent or buyer agent.
- Exam tip
- An answer saying 'an agency relationship is implied by the parties' conduct' is wrong in Maine; without a written agreement, the agency is a transaction broker.
- Example
- A licensee shows a buyer several homes with no written buyer agreement; the licensee's agency is presumed to be a transaction broker, not the buyer's agent.
Related terms & state variants
Sources
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Last verified: 2026-10-23