1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Long-term agreement" means a contract or agreement between a provider and an owner under which: (1) The owner agrees to list the owner's residential real estate for sale with the provider at a future date; and (2) Any portion of the real estate brokerage service to be provided under the contract or agreement by the provider may be performed more than 2 years after the date the contract or agreement becomes effective. [PL 2023, c. 290, §1 (NEW).] B. "Owner" means an owner of an interest in residential real estate. [PL 2023, c. 290, §1 (NEW).] C. "Provider" means a person or entity providing or offering to provide real estate brokerage services. [PL 2023, c. 290, §1 (NEW).] D. "Recording" means presenting a document to a register of deeds for official placement in the records of the registry of deeds. [PL 2023, c. 290, §1 (NEW).] E. "Residential real estate" means real estate consisting of not less than one nor more than 4 residential dwelling units. [PL 2023, c. 290, §1 (NEW).] [PL 2023, c. 290, §1 (NEW).] 2. Prohibited agreements. A provider may not enter into or offer to enter into a long-term agreement that purports to: A. Bind any future owner not a party to the long-term agreement; [PL 2023, c. 290, §1 (NEW).] B. Allow for the assignment by the provider of a real estate brokerage service to a 3rd party without notice to or consent of the owner; [PL 2023, c. 290, §1 (NEW).] C. Create a lien, encumbrance or other real property security interest; or [PL 2023, c. 290, §1 (NEW).] D. Obligate the owner to pay a fee or commission to the provider upon a sale or transfer of the residential real estate when the sale or transfer is not the result of a real estate brokerage service provided by the provider. [PL 2023, c. 290, §1 (NEW).] [PL 2023, c. 290, §1 (NEW).] 3. Unfair trade practice. A violation of subsection 2 is a violation of the Maine Unfair Trade Practices Act. [PL 2023, c. 290, §1 (NEW).] 4. Unenforceable; recording prohibited. A long-term agreement in violation of subsection 2 is unenforceable. A person may not record or cause to be recorded a long-term agreement in violation of subsection 2. A long-term agreement in violation of subsection 2 recorded in the State does not provide actual or constructive notice against an otherwise bona fide purchaser or creditor. If a long-term agreement is recorded in violation of this subsection, a party with an interest in the residential real estate that is the subject of that long-term agreement may apply to a District Court or Superior Court in the county where the recording occurred for an order declaring the long-term agreement void and of no effect. [PL 2023, c. 290, §1 (NEW).] 5. Rights of recovery. If a long-term agreement is recorded in violation of subsection 4, a party with an interest in the residential real estate that is the subject of the long-term agreement may recover actual damages, costs and attorney's fees as may be proven against the party who recorded that long-term agreement. [PL 2023, c. 290, §1 (NEW).] 6. Mechanic's lien. Nothing in this section affects a lien on residential real estate established under Title 10, section 3251. [PL 2023, c. 290, §1 (NEW).]
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