Disclosures
Download Brokerage Relationships Explained
Understanding Agency Law in Maine Real Estate — clear, professional, and client-first guidance.
In Maine, real estate licensees may act as a Seller’s Representative (Agent), a Buyer’s Representative (Agent),
or a Disclosed Dual Representative (Dual Agent). Representation agreements are formalized according to state law and the
nature of the relationship. In some cases, this may create dual representation — for example, when a buyer wishes to acquire a
property we already represent for sale. We always disclose our relationships in accordance with Maine law and ethical business practices.
we’ve successfully represented as disclosed dual agents.
Appointed Agency
Our firm practices Appointed Agency, as outlined in our listing agreements. An Appointed Agent is a licensee
designated by the Designated Broker (DB) to represent a client exclusively, to the exclusion of other affiliated
agents within the same brokerage. If a conflict arises, the DB may appoint another agent to represent one of the parties.
- If a seller prefers not to allow Dual Agency, we can assign another agent to one party under Appointed Agency.
- If a seller wishes to work only with a preferred agent, we can include contract language that preserves that preference.
Client vs. Customer
You will receive the “Real Estate Brokerage Relationships” form required by the Maine Real Estate Commission.
This form explains the difference between Client and Customer level services — think of it as the “Miranda Rights”
of real estate: until you become a Client, information you share may be disclosed to prospective buyers.
- Customer: Before signing a representation agreement you are a Customer. The agent may provide information and perform ministerial acts, but cannot offer advice or due-diligence assistance.
- Client: Once you sign a representation agreement you become a Client. The agent can then advise you, analyze business/financials, and represent your interests fully.
If you’d like a preliminary business valuation prior to listing, we will sign a Non-Disclosure Agreement (NDA) to protect your confidential information.
Disclosed Dual Agency (DDA)
If a buyer inquires about one of our listings, we may act as a Disclosed Dual Agent, representing both buyer and seller in the same transaction —
only with the written consent of both parties.
As a Dual Agent we do not disclose:
- The buyer’s ability or motivation to buy.
- The seller’s bottom line or motivation to sell.
All other relevant facts are disclosed honestly to both sides. The three protected items in any dual agency situation are Price, Motivation, and Strategy — abbreviated here as PMS — and remain confidential unless both parties agree otherwise in writing.
Why Dual Agency Works Well in Hospitality Brokerage
Hospitality and business property transactions differ from traditional residential sales. A single, experienced broker who understands this market can help maintain smooth communication, protect goodwill, and facilitate a cooperative transaction. Acting for both parties can reduce miscommunication between attorneys, accountants, and brokers — and help both sides achieve a fair, efficient closing.
My aim is fairness: when buyer and seller feel they’ve reached a fair deal and leave the closing table satisfied, I’ve done my job.
Examples of past disclosed dual agent sales are available at:
