An Act to Protect Homeowners from Unfair Agreements to Exclusively List Residential Real Estate for Sale
Maine Legislature, Session 131, LD 1306
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: BELL, DODGE, BAILEY, CARNEY
Amends: 32 MRSA §13177-B

Legislative Document
No. 1306
H.P. 831
House of Representatives, March 23, 2023
An Act to Protect Homeowners from Unfair Agreements to 
Exclusively List Residential Real Estate for Sale
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.
Cosponsored by Representative: DODGE of Belfast, Senators: BAILEY of York, CARNEY of 
Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §13177-B is enacted to read:
§13177-B.  Unfair agreements to list residential real estate
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agreement to list" means an agreement or contract between an owner of residential 
real estate and a real estate brokerage agency or 3rd party in which the owner agrees 
to:
(1) List the owner's residential real estate for sale with the real estate brokerage 
agency or 3rd party at a future date when the owner wants to sell the residential 
real estate; or
(2) Be obligated to pay a fee or commission to the real estate brokerage agency or 
3rd party upon sale of the residential real estate when the real estate brokerage 
agency or 3rd party has not provided real estate brokerage services to the owner.
"Agreement to list" includes a notice or memorandum of the agreement or a mortgage 
purporting to secure the obligations of an owner of residential real estate under the 
agreement.
B.  "Real estate brokerage agency" has the same meaning as in section 13271, 
subsection 10.
C.  "Recording" means presenting a document to a register of deeds for official 
placement in the records of the registry of deeds.
D.  "Residential real estate" means real property located in the State that is used or 
intended to be used primarily for personal, family or household purposes and is 
improved by one to 4 dwelling units.
2.  Agreement to list unenforceable.  An agreement to list is unenforceable. 
3.  Unfair trade practice.  An agreement to list is an unfair method of competition and 
unfair or deceptive act or practice in the conduct of any trade or commerce under the Maine 
Unfair Trade Practices Act.
4. Recording prohibited. A person may not record or cause to be recorded an 
agreement to list.  An agreement to list recorded in the State does not provide actual or 
constructive notice against an otherwise bona fide purchaser or creditor.
5.  Recording of court order.  If an agreement to list is recorded in violation of 
subsection 4, a party with an interest in the residential real estate that is the subject of the 
agreement to list may apply to a District Court or Superior Court in the county where the 
recording occurred to record a court order declaring the agreement to list as void and of no 
effect.
6.  Rights of recovery.  If an agreement to list is recorded in violation of subsection 4, 
a party with an interest in the residential real estate that is the subject of the agreement to 
list may recover actual damages, costs and attorney's fees as may be proven against the 
party who recorded the agreement to list.
SUMMARY
This bill prohibits the use of agreements for homeowners to exclusively list their 
residential property for sale.  The bill prohibits the recording of the agreements and 
provides remedies for owners who are affected by the recording of the agreements.