Maine Revised Statutes Title 32 Sec. 13278 – Appointed agents within a firm
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1. Appointed agents. A real estate brokerage agency entering into a brokerage agreement may, through the designated broker, appoint in writing to the client those affiliated licensees within the real estate brokerage agency who will be acting as appointed agents of that client to the exclusion of all other affiliated licensees within the real estate brokerage agency.
[PL 1993, c. 679, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 13278
- Affiliated licensee: means a licensee who is authorized to engage in brokerage activity by and on behalf of a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
- agency: means any person or entity engaged in real estate brokerage services through its designated broker, associates or employees and licensed by the commission as a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13171
- Appointed agent: means that affiliated licensee who is appointed by the designated broker of the affiliated licensee's real estate brokerage agency to act solely for a client of that real estate brokerage agency to the exclusion of other affiliated licensees of that real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
- Brokerage agreement: means a contract that establishes the relationships between the parties and the brokerage services to be performed. See Maine Revised Statutes Title 32 Sec. 13271
- Client: means a person who has entered into a written brokerage agreement with a real estate brokerage agency that has agreed to represent that person and be bound by the duties set forth in section 13272 on behalf of that person. See Maine Revised Statutes Title 32 Sec. 13271
- Commission: means the Real Estate Commission. See Maine Revised Statutes Title 32 Sec. 13001
- Designated broker: means a broker designated by a real estate brokerage agency to act for the real estate brokerage agency in the conduct of real estate brokerage. See Maine Revised Statutes Title 32 Sec. 13271
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Real estate: means all estates and lesser interests in land and an existing business if real estate is a part of the business. See Maine Revised Statutes Title 32 Sec. 13001
- Real estate brokerage: means a single instance of offering, attempting to conduct or conducting services on behalf of another for compensation, or with the expectation of receiving compensation, calculated to result in the transfer of an interest in real estate. See Maine Revised Statutes Title 32 Sec. 13001
- Real estate brokerage agency: means a person or entity providing real estate brokerage services through that person's designated broker, affiliated licensees, associates or employees and licensed by the commission as a real estate brokerage agency. See Maine Revised Statutes Title 32 Sec. 13271
2. Not a dual agent. A real estate brokerage agency and the designated broker are not considered to be dual agents solely because of an appointment under the provisions of this section, except that any affiliated licensee who personally represents both the seller and the buyer, as clients, in a particular transaction is considered to be a dual agent and is required to comply with the provisions of this subchapter governing disclosed dual agents.
[PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]
3. Actual knowledge; information. When agents are appointed, each client, the real estate brokerage 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 or between the clients, the real estate brokerage agency and appointed agents.
[PL 1993, c. 679, §1 (NEW).]
4. Appointments; roles. Methods of appointment and the role of the real estate brokerage agency and the designated broker must be defined by rules adopted by the commission. The rules must include a requirement that clients be informed as to the real estate brokerage agency’s appointed agent policy and give written consent to that policy in advance of entering into a brokerage agreement.
[PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]
SECTION HISTORY
PL 1993, c. 679, §1 (NEW). PL 2005, c. 378, §19 (AMD). PL 2005, c. 378, §29 (AFF).