Maine "Property Disclosure Statement" (sometimes called the Residential Real Estate Sales Disclosure Statement). The statute prescribes required content rather than a single Commission-mandated template; brokerages and the Maine Association of REALTORS publish forms containing that statutory content, but "Property Disclosure Statement" is the term used in the statute itself. — Maine Revised Statutes, Title 33, Chapter 7, Subchapter 1-A ("Residential Property Disclosures"), Sections 171-176. Key provisions: Sec. 171 (definitions - "known defect," "seller," "residential real property" = 1-4 dwelling units), Sec. 172 (applicability and exemptions), Sec. 173 (the itemized required-disclosures list, most recently amended by Public Law 2025, chapter 69, section 1), Sec. 174 (delivery timing and buyer's cancellation right), Sec. 176 (rights/duties of seller and purchaser - the non-warranty / no-duty-to-investigate language). A separate, parallel statute, Sec. 193 (Subchapter 1-B), imposes narrower disclosure duties (access and flood hazard only) on sellers of non-residential property. Primary sources verified directly: legislature.maine.gov/statutes/33/title33sec171.html through sec176.html and sec193.html; bill history for LD 413 / HP 267 (132nd Legislature) confirming Public Law 2025, c. 69.
Maine is a modified caveat-emptor state, not a full affirmative-disclosure state. It does not impose a broad common-law duty on sellers to investigate and hunt down every material defect. Instead, Title 33 Section 173 creates a narrow, itemized statutory checklist that sellers of residential property (one to four dwelling units) must complete based only on their existing actual knowledge. Section 176 expressly states the seller has "no obligation... to make any specific investigation or inquiry," that the disclosure statement "is not a warranty," and that it is not part of the purchase contract. Buyers remain responsible for their own inspections. So the duty is real and codified (failure to disclose known items on the list, or giving false answers, can expose a seller and/or their licensee to liability and Real Estate Commission discipline), but it is "answer the specific statutory checklist honestly using what you already know" rather than "affirmatively investigate and disclose all material facts." Separately, real estate licensees (agents/brokers) have their own, somewhat stricter duty under Real Estate Commission rules to make reasonable efforts to ensure disclosure accuracy and completeness - Commission enforcement records show fines ($1,000-$5,000) and license suspensions against licensees for incomplete or inaccurate disclosure forms (e.g., undisclosed easements, covenants, unpermitted work, wrong heating fuel type). Non-compliance with the disclosure subchapter does not itself invalidate the property transfer (Sec. 174).
Public Law 2025, chapter 69 (enacted via LD 413 / HP 267, "An Act Regarding Disclosure by Sellers of Residential Real Property of Notices of Shoreland Zoning Ordinance Violations," sponsored by Rep. Jack Ducharme of Madison, 132nd Legislature, First Regular Session) amended Title 33 Section 173 by adding a subsection requiring sellers to disclose shoreland-zoning-ordinance violation notices, pending enforcement actions, litigation, court judgments, and settlement/consent agreements affecting the property. It passed in spring 2025 (enacted around May 13-15, 2025). This is the only confirmed recent amendment to the core disclosure statute found in primary sources; no other 2023-2026 amendments to Sections 171, 172, 174, or 176 were identified. Also worth noting: an older "insulation" disclosure subsection of Sec. 173 was repealed back in 2005 and no longer exists - relevant if older third-party guides still list insulation as required.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.