An Act to Implement a Recommendation of the Commission to
Maine Legislature, Session 132, LD 2182
Committee: Judiciary
Amends: 32 MRSA §13065, 32 MRSA §13177-A

Legislative Document
No. 2182
S.P. 886
In Senate, February 3, 2026
An Act to Implement a Recommendation of the Commission to 
Recommend Methods for Preventing Deed Fraud in the State
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2025, chapter 104, section 7.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 213-A is enacted to read:
CHAPTER 213-A
SETTLEMENT AGENT DUTY TO VERIFY SELLER OF REAL ESTATE
§1409.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Administrator.  "Administrator" means the Superintendent of Consumer Credit 
Protection within the Department of Professional and Financial Regulation. 
2.  Covered real estate transaction.  "Covered real estate transaction" means a real 
estate transaction involving vacant land or residential real estate in the State. 
3.  Settlement.  "Settlement" means the receipt of loan funds, loan documents or other 
documents or funds to carry out the contractual terms of a covered real estate transaction. 
4.  Settlement agency.  "Settlement agency" means the person responsible for 
conducting the settlement or disbursement of settlement proceeds in a covered real estate 
transaction effecting the sale, transfer, encumbrance or lease to another person of real or 
personal property located in this State.  "Settlement agency" includes an individual, 
corporation, limited liability company, partnership or other entity conducting the settlement 
or disbursement of settlement proceeds. 
5.  Settlement agent.  "Settlement agent" means a person engaged in the business of 
settlements on behalf of a settlement agency. 
§1410.  Verification of seller identity
1.  Duty.  Beginning January 1, 2027, a settlement agent may not conduct a settlement 
for a covered real estate transaction unless the settlement agent has verified the identity of 
the person who is selling the property in accordance with the requirements set forth in rules 
adopted under subsection 2. 
2.  Rulemaking.  The administrator shall adopt rules governing the duty of a settlement 
agent to verify the identity of the person who is selling property under subsection 1.  The 
administrator shall consult with the Real Estate Commission under Title 32, section 13062 
prior to adoption or amendment of rules under this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 2.  32 MRSA §13065, sub-§3-A is enacted to read:
3-A.  Verification of seller identity.  The commission shall adopt rules governing the 
duty of a real estate brokerage agency to verify the identity of a seller before entering a 
brokerage agreement with or providing services to any client who is the seller in a real 
estate transaction as required by section 13177-A, subsection 3.  The commission shall 
consult with the Superintendent of Consumer Credit Protection within the Department of 
Professional and Financial Regulation prior to adoption or amendment of rules under this 
subsection.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
Sec. 3.  32 MRSA §13177-A, sub-§3 is enacted to read:
3.  Duty to verify identity of seller.  Beginning January 1, 2027, a real estate brokerage 
agency may not enter into a brokerage agreement with a seller or provide any services to a 
client who is the seller in a real estate transaction unless the real estate broker or an associate 
real estate broker or a real estate sales agent employed by or on behalf of the real estate 
brokerage agency has verified the identity of the seller in accordance with the requirements 
set forth in rules adopted by the commission pursuant to section 13065, subsection 3-A.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary to implement a 
recommendation of the Commission to Recommend Methods for Preventing Deed Fraud 
in the State established by Resolve 2025, chapter 104.  The joint standing committee has 
not taken a position on the substance of this bill. By reporting this bill out, the joint standing 
committee is not suggesting and does not intend to suggest that it agrees or disagrees with 
any aspect of this bill; instead, the joint standing committee is reporting the bill out for the 
sole purpose of having a bill printed that can be referred to a joint standing committee for 
an appropriate public hearing and subsequent processing in the normal course.  The joint 
standing committee is taking this action to ensure clarity and transparency in the legislative 
review of the proposals contained in the bill.
The bill provides that, beginning January 1, 2027, a real estate brokerage agency may 
not enter into a brokerage agreement with a seller or provide any services to a seller of real 
property unless the real estate broker or an associate real estate broker or a real estate sales 
agent employed by or on behalf of the real estate brokerage agency has verified the identity 
of the seller in accordance with the requirements set forth in rules adopted by the 
Department of Professional and Financial Regulation, Office of Professional and 
Occupational Regulation, Real Estate Commission.  It also provides that, beginning 
January 1, 2027, a settlement agent may not conduct a settlement involving vacant land or 
residential real estate in the State unless the settlement agent has verified the identity of the 
seller in accordance with the requirements set forth in rules adopted by the Superintendent 
of Consumer Credit Protection within the department.  The bill directs the commission and 
the superintendent to consult prior to the adoption or amendment of the rules concerning 
the verification of seller identity.