Maine Real Estate Salesperson Exam — All Questions

Maine requires a licensee to give a consumer written information about brokerage relationships:

• a.Only if the consumer requests it in writing
• b.Only after a purchase-and-sale agreement is signed
• c.In a timely manner, when the licensee first begins to work with the consumer and before confidential information is disclosed✓
• d.Only at the closing table

Maine licensees must provide consumers with the required written disclosure of brokerage relationships in a timely manner, at the outset of the working relationship and before the consumer shares confidential information. The form explains the available relationships so the consumer can decide whether to be represented as a client. The disclosure itself does not create an agency relationship.

Under Maine law, a licensee may act as a disclosed dual agent representing both the buyer and the seller only if:

• a.Both parties give informed written consent to the dual agency✓
• b.The two parties use the same attorney
• c.The agency price is below a statutory limit
• d.The transaction is a new-construction sale

Maine permits disclosed dual agency, in which the same brokerage represents both the buyer and the seller, only with the informed written consent of both parties. Because a dual agent cannot fully advocate for either side, the licensee must not reveal one party's confidential information to the other. Maine agencies often use designated or appointed agents to manage in-house representation.

A Maine brokerage agency is providing services to a buyer but has signed no brokerage agreement. Under Maine law that agency is presumed to be acting as:

• a.a subagent of the seller's brokerage agency
• b.a buyer agent, since it is performing buyer services
• c.a transaction broker✓
• d.a disclosed dual agent once an offer is written

Maine presumes a real estate brokerage agency is acting as a transaction broker unless it has agreed in a written brokerage agreement to represent a party as a client; client representation may not be created orally, by implication, or by assumption. Cite: 32 M.R.S. sec. 13282.

Which set of duties does Maine statute impose on a brokerage agency that serves a client under a brokerage agreement?

• a.Honesty, fair dealing and accounting only
• b.Loyalty, confidentiality and reasonable care only
• c.Obedience, disclosure and diligence only
• d.Loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting✓

An agency providing services through a brokerage agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting, and may be a seller agent, buyer agent, subagent or disclosed dual agent. Cite: 32 M.R.S. sec. 13272.

A Maine transaction broker learns of a cracked foundation sill while walking the property. The transaction broker:

• a.must disclose it to the buyer in a timely manner✓
• b.may keep it confidential absent a client relationship
• c.must disclose it only if the buyer asks a direct question
• d.must first obtain the seller's written permission to disclose it

A transaction broker represents no one as a client and is not bound by the section 13272 duties, but must still disclose in a timely manner to a buyer all material defects pertaining to the physical condition of the property of which it has actual notice or knowledge. Cite: 32 M.R.S. sec. 13283(2)(B).

Maine permits an agency to act as a disclosed dual agent only:

• a.when the designated broker files a notice with the Commission
• b.with the informed written consent of all parties✓
• c.when separate appointed agents are assigned to each client
• d.if the agency's written company policy allows it, whether or not the clients consent

A real estate brokerage agency may act as a disclosed dual agent only with the informed written consent of all parties, and consent is presumed informed if the party signs an agreement containing the five statements the statute lists. Cite: 32 M.R.S. sec. 13275(1).

A Maine disclosed dual agent may pass relevant information between the two clients EXCEPT:

• a.the condition of the roof as reported by the seller
• b.the identity of the lender the buyer has chosen to use
• c.the seller's willingness to accept less than the asking price✓
• d.the date on which the seller expects to be able to vacate the property

The consent agreement states the dual agent may disclose relevant information gained from one party to the other, except the seller's willingness or ability to take less, the buyer's willingness or ability to pay more, confidential negotiating strategy not in the offer, and each party's motivation. Cite: 32 M.R.S. sec. 13275(1)(C).

What does Maine require of every real estate brokerage agency regarding the relationships it will offer?

• a.A written company policy identifying the relationships it may engage in✓
• b.A relationship election filed with the Commission each license period
• c.A vote of the affiliated licensees at least once every two years
• d.Nothing; the relationship is chosen transaction by transaction

Every real estate brokerage agency must adopt a written company policy that identifies and describes the types of real estate brokerage relationships in which the designated broker and affiliated licensees may engage. Cite: 32 M.R.S. sec. 13277.

A Maine agency appoints one affiliated licensee to the seller and a different one to the buyer in the same sale. The agency and its designated broker are:

• a.dual agents by operation of law once both appointments are made
• b.transaction brokers as to both clients for the rest of the sale
• c.required to withdraw from representing one of the two clients
• d.not dual agents solely because of the appointments✓

An agency and designated broker are not considered dual agents solely because of an appointment; however, an affiliated licensee who personally represents both seller and buyer as clients in a transaction is a dual agent and must follow the disclosed dual agency rules. Cite: 32 M.R.S. sec. 13278(1) and (2).

When appointed agents are used in a Maine agency, knowledge held by one appointed agent is:

• a.imputed to the designated broker but not to the other client
• b.not imputed by operation of law to the other appointed agent✓
• c.imputed to every affiliated licensee in the agency
• d.imputed to the agency, which must then disclose it to both clients

When agents are appointed, each client, the agency and its appointed licensees are considered to possess only actual knowledge and information; there is no imputation of knowledge or information by operation of law among them. Cite: 32 M.R.S. sec. 13278(3).

When must a Maine licensee furnish the Real Estate Brokerage Relationships Form?

• a.At the signing of a written brokerage agreement with the consumer
• b.Before any offer is delivered to the other party in the transaction
• c.At substantive communication by meeting, writing or electronic message✓
• d.Within three business days after the first showing of any property

The licensee must furnish the form when there is substantive communication about a real estate transaction by face-to-face meeting, written communication or electronic communication, discuss its content, ascertain the consumer's intent as to representation, and complete the acknowledgement. Cite: 02-039 C.M.R. ch. 410, sec. 9(2) (rules adopted Oct. 26, 2025).

Which situation does NOT require a Maine licensee to provide the Real Estate Brokerage Relationships Form?

• a.A first meeting with a buyer who is touring a two-unit building
• b.An email exchange with a seller about listing a single-family home
• c.A meeting with a buyer about a condominium unit in a four-unit building
• d.A listing of vacant land that has no residential dwelling unit on it✓

The rule excuses the form where the real estate is land without a residential dwelling unit, land with more than four residential dwelling units, the licensee is acting solely as a principal, the written communication is a solicitation of business, or another licensee has already given the form. Cite: 02-039 C.M.R. ch. 410, sec. 9(3) (rules adopted Oct. 26, 2025).

After a Maine brokerage agreement expires, what does the agency still owe its former client?

• a.Timely accounting and continued confidentiality✓
• b.Loyalty and obedience until the property is sold
• c.Reasonable care and diligence for one full year
• d.Nothing further of any kind once the agreement has expired

After termination, expiration, completion or performance of the brokerage agreement the only surviving duties are accounting in a timely manner for money and property received during the relationship and treating damaging client information as confidential, subject to four listed exceptions. Cite: 32 M.R.S. sec. 13281(2).