The Maine purchase and sale agreement is the standard residential contract published by the Maine Association of REALTORS (MAR). It sets the terms for a residential sale in Maine: purchase price, earnest money, contingencies, inspection periods, closing date, and disclosure obligations. Maine is one of roughly 15 attorney-mandatory states in the US, which means a licensed attorney must supervise every residential closing. The MAR form was revised in 2025 to incorporate flood hazard disclosure requirements and post-NAR settlement buyer broker agreement language. This guide walks through the agreement section by section, explains who does what at the closing table, and covers where a transaction coordinator fits alongside the closing attorney.
Key takeaways
- The MAR Purchase and Sale Agreement is Maine's standard residential contract, revised in 2025.
- Maine is a Category A attorney-mandatory state. An attorney must supervise closing.
- Earnest money runs 1% to 5% and is held in a broker trust account or attorney escrow.
- Closings take 30 to 45 days, with coastal/vacation properties extending to 45 to 60 days.
- A TC works alongside the closing attorney, handling everything before the closing table.
What is the Maine purchase and sale agreement?
The Maine purchase and sale agreement is the standard residential form published by the Maine Association of REALTORS. It covers every element of a residential transaction: identification of buyer and seller, property description, purchase price, earnest money terms, financing contingencies, inspection contingencies, seller disclosures, closing date, and the conditions under which either party can terminate.
Unlike states where attorneys draft custom contracts for each deal (Massachusetts) or where the state real estate commission publishes the forms (Texas, Colorado), Maine follows the association-published model. MAR publishes the form, updates it periodically, and distributes it through the MLS system with Dotloop integration for members. The current revision landed in 2025.
Key sections agents and TCs need to know:
| Section | What it covers | TC responsibility |
|---|---|---|
| Purchase price and terms | Offer amount, financing type | Verify at intake; confirm with lender |
| Earnest money | Deposit amount, holder, delivery deadline | Track deposit; confirm receipt with holder |
| Financing contingency | Loan type, approval deadline | Monitor lender timeline; track commitment date |
| Inspection contingency | Inspection period, objection rights | Schedule inspection; track deadline for objection |
| Seller disclosures | Property condition, lead paint, flood hazard | Verify delivery within contract timeframe |
| Closing date and possession | Target date, possession transfer terms | Coordinate attorney, lender, and title timelines |
| Dispute resolution | Earnest money dispute procedures | Document all communications; support broker mediation |
The 2025 revision incorporated several changes driven by regulatory and market developments. Flood hazard risk disclosure received expanded treatment following 2024 federal and state flood insurance mandate updates. Lead-based paint disclosure language was reinforced for pre-1978 homes. Buyer broker agreement integration was added to comply with post-NAR settlement requirements effective August 2024. Earnest money handling procedures were clarified, particularly around disputed funds.
How does Maine's attorney-supervised closing work?
Maine is a Category A attorney-mandatory state in the five-category closing taxonomy. A licensed attorney must supervise the closing. This means the attorney handles document preparation, title examination, deed drafting, and the closing-table proceedings. Title companies cannot independently run a Maine closing.
In practice, the attorney's role covers three functions that would fall to a title company in states like Colorado, Missouri, or Texas:
- Title examination. The attorney examines the chain of title, identifies any liens, encumbrances, or defects, and certifies marketable title.
- Document preparation. The attorney drafts the deed, reviews the mortgage documents, and prepares closing statements.
- Closing conduct. The attorney (or an attorney under the supervising attorney's direct oversight) runs the closing table, explains documents to the parties, handles fund disbursement, and records the deed.
This structure means that a transaction coordinator in Maine does not replace the attorney. The TC handles everything leading up to the closing table: deadline tracking, document collection from all parties, communication with the lender, inspection scheduling, earnest money verification, and file assembly. The attorney handles the legal work. On the files we coordinate in Maine, we deliver a complete, organized file to the closing attorney before closing day so the attorney can focus on the legal review rather than chasing documents.
The American Bar Association has published guidance on the attorney's role in residential real estate closings, and Maine's bar opinion aligns with the strictest interpretation of that guidance.
What are the earnest money rules in Maine?
Earnest money in Maine is governed by the terms of the MAR purchase and sale agreement and by state trust account regulations. The key rules:
Amount. Typical earnest money in Maine ranges from 1% to 5% of the purchase price. In slower markets and rural interior areas, 1% to 2% is common. In competitive coastal markets (Portland metro, Bar Harbor area, Kennebunkport), 4% to 5% is more typical.
Holder. Earnest money must be held in a broker trust account at a federally insured, Maine-licensed bank or credit union, or in an attorney escrow account. The MAR form specifies the holder at offer time. Attorney-held escrow is becoming more common as attorney involvement in Maine closings increases.
Deposit timeline. The contract specifies the delivery deadline. Funds must remain in trust until closing or contract failure. There is no statutory default (the contract sets the terms), but most Maine contracts specify delivery within 3 to 5 business days of acceptance.
Disputes. Disputed earnest money requires both-party written agreement for release. The broker must withhold funds pending resolution. Unresolved disputes can delay closing. If parties cannot agree, the funds stay in trust until a court order or mutual release is obtained.
| Earnest money factor | Maine convention |
|---|---|
| Typical range | 1% to 5% of purchase price |
| Common holder | Broker trust account or attorney escrow |
| Delivery deadline | Contract-specified (typically 3 to 5 business days) |
| Disputed funds | Both-party written agreement required for release |
| Regulatory authority | Maine Real Estate Commission trust account rules |
What disclosures does the seller owe under the MAR form?
Maine sellers are required to deliver several categories of disclosure under both state law and the MAR purchase and sale agreement.
Seller property disclosure statement. Maine law requires the seller to disclose known material defects in the property. The MAR form expanded these obligations in the 2024 to 2025 revision cycle, adding more specificity around structural, mechanical, and environmental conditions.
Lead-based paint disclosure. Federal law (42 U.S.C. 4852d) requires sellers of homes built before 1978 to disclose known lead-based paint hazards and provide an EPA pamphlet. Maine enforces this requirement through the MAR form, and the TC must verify the disclosure is delivered and acknowledged before the inspection contingency expires.
Flood hazard risk disclosure. The 2024 MAR update added expanded flood disclosure obligations reflecting both federal (FEMA National Flood Insurance Program) and state flood insurance mandates. Coastal Maine properties are particularly affected. The TC must coordinate disclosure timing with the buyer's review period.
On Maine files we coordinate, disclosure tracking starts at contract intake. We log every required disclosure, set delivery deadlines, and confirm receipt with the buyer's side. A missed or late disclosure in Maine can extend the buyer's termination rights and delay closing.
How long does a Maine real estate closing take?
Most Maine residential closings take 30 to 45 days from executed contract to recording. The timeline is shaped by the attorney-supervised model: title examination, deed preparation, and attorney scheduling add coordination steps that don't exist in title-company states.
Coastal and seasonal properties often extend to 45 to 60 days. Summer vacation homes in the Bar Harbor, Kennebunkport, and Boothbay Harbor markets can push timelines further when demand peaks in May through August and attorney availability tightens.
Factors that extend Maine timelines:
- Attorney scheduling. Maine has a smaller attorney pool serving real estate closings compared to high-volume states. Scheduling the closing around the attorney's calendar is a real constraint, especially in summer months.
- Title examination. Attorney-led title examinations sometimes take longer than title-company searches because the attorney conducts the examination rather than a dedicated title-search team.
- Flood and environmental reviews. Coastal properties requiring flood zone determination, septic system inspection, or shoreland zoning verification add review steps.
- Seasonal demand. Maine's vacation and second-home market creates seasonal volume spikes. Portland metro transactions stay steady year-round, but coastal closings cluster in spring and summer.
A TC tracking a Maine file builds the timeline around these constraints from day one. On every file we coordinate in Maine, we confirm attorney availability at contract intake before setting the closing date.
What makes Maine files different from other attorney states?
Maine shares the attorney-mandatory classification with roughly 14 other states, but several characteristics make Maine files distinctive.
Coastal and vacation-home concentration. Portland metro, Bar Harbor, Camden, and Kennebunkport drive a disproportionate share of transactions. Vacation and second-home buyers often live out of state, adding power-of-attorney coordination, wire verification steps, and timezone communication challenges.
Flood disclosure specificity. Maine's 2024 update to flood hazard risk disclosure reflects the state's exposure to coastal flooding and changing FEMA flood maps along the Atlantic coast. The TC must verify flood zone status early and ensure the disclosure is delivered within the contract timeframe.
Fragmented local board structure. Maine has 6+ local REALTOR boards (York County Council, Greater Portland Board, Central Maine Board, Midcoast Board, Downeast Board, Aroostook County Board). Local conventions around earnest money, inspection periods, and closing procedures can vary by board.
What can a TC do (and not do) on a Maine file?
The Maine Real Estate Commission publishes guidance on unlicensed assistants that defines the TC's scope in Maine.
Permitted activities. Clerical work, document management, scheduling, file coordination, and administrative tasks under broker supervision. This includes deadline tracking, earnest money verification, third-party coordination (lenders, inspectors, appraisers, attorneys), and communication facilitation.
Activities requiring a license. Receiving commissions or fees for real estate services, negotiating contract terms, advising clients on pricing or contract strategy, and any activity that constitutes the practice of real estate.
The attorney boundary. In Maine's attorney-mandatory model, the TC also cannot perform functions that the closing attorney handles: title examination, deed preparation, document explanation at closing, or fund disbursement. The TC coordinates with the attorney; the TC does not substitute for the attorney.
The practical division of labor on a Maine file:
| Task | Who handles it |
|---|---|
| Deadline tracking and reminders | TC |
| Document collection from all parties | TC |
| Earnest money deposit verification | TC |
| Inspection scheduling and follow-up | TC |
| Lender communication and loan status tracking | TC |
| Title examination and certification | Attorney |
| Deed drafting and document preparation | Attorney |
| Closing-table conduct and fund disbursement | Attorney |
| File assembly for broker compliance | TC |
How does Quill coordinate Maine files?
Quill is a transaction coordination firm that handles Maine files alongside the closing attorney. We manage every deadline, document, and party communication from contract through closing day. The closing attorney handles the legal work: title examination, deed preparation, and closing-table proceedings.
On every Maine file, our coordination includes: contract intake and form-version verification, earnest money deposit tracking and confirmation with the holder, inspection scheduling against the contract's contingency deadline, seller disclosure delivery tracking (property condition, lead paint, flood hazard), lender communication and loan commitment monitoring, attorney coordination for title examination status and closing scheduling, and file assembly for broker compliance.
We build the timeline from the contract's specific dates, not from assumptions about "typical" Maine timelines. Coastal files get longer runways. Portland metro files move faster. Every deadline gets a 48-hour and 24-hour reminder.
For more on how attorney-state closings work across the US, see our attorney state vs title state guide. For Maine-specific service details and pricing, see the Maine state page.
Maine's market shapes the file
Maine's real estate market is defined by its coastline, its seasonal patterns, and its attorney-supervised closing model. The MAR purchase and sale agreement is the vehicle that moves every residential transaction through that market. Understanding the form, the disclosure requirements, the earnest money conventions, and the attorney's role at closing is the baseline for handling a Maine file correctly.
The 2025 MAR revision and the post-NAR settlement changes to buyer broker agreements mean that agents working in Maine today are handling more compliance documentation than they were two years ago. A TC who knows the MAR form and can coordinate cleanly with the closing attorney absorbs that complexity so the agent can focus on the next deal. For a broader view of the closing process across all states, start there.
Quill coordinates transactions at $350 per file, billed when the deal closes. First file free. Maine-specific coordinators handle the forms, deadlines, and closing conventions your files need.