Maine Agency
Practice Questions & Answers (2026)

Agency law is one of the most tested subjects on the Maine real estate exam, and it's also one of the most misunderstood. The Maine Real Estate Commission expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under Maine law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for ME-specific rules are among the most common failures on the state portion.

Updated May 2026 · Maine Real Estate Commission exam outline

Practice Questions

Maine Agency — Practice Questions & Answers

130 questions on Agency from the Maine real estate question bank. First 10 are free — sign up to unlock all 130.

Q1. In Maine, a 'buyer's agent' owes fiduciary duties exclusively to:

A.The seller
B.The buyer
C.Both buyer and seller equally
D.The broker only

Explanation

A buyer's agent in Maine owes full fiduciary duties — including loyalty, confidentiality, disclosure, obedience, and reasonable care — exclusively to the buyer.

Q2. Under Maine agency law, a 'facilitator' (transaction broker) may:

A.Represent both parties as a fiduciary
B.Assist both parties without representing either as a fiduciary
C.Only represent the seller
D.Only represent the buyer

Explanation

A facilitator (transaction broker) in Maine assists both parties with the transaction without representing either as a fiduciary, providing ministerial acts only.

Q3. Maine law requires that agency disclosure be provided to consumers:

A.Only at closing
B.At the first substantive contact or meeting
C.Only if the consumer requests it
D.After an offer has been submitted

Explanation

Maine law requires that agency disclosure be made at the first substantive contact or meeting with a consumer to inform them about the nature of the agency relationship.

Q4. A Maine licensee who represents a seller must disclose to all buyers:

A.The seller's minimum acceptable price
B.All known material defects of the property
C.The seller's motivations for selling
D.The seller's financial situation

Explanation

A seller's agent in Maine must disclose all known material defects of the property to buyers, as failing to do so could constitute misrepresentation.

Q5. Dual agency in Maine is:

A.Prohibited under all circumstances
B.Permitted with the informed written consent of both parties
C.Permitted without disclosure
D.Only permitted in commercial transactions

Explanation

Dual agency is permitted in Maine only with the informed written consent of both the buyer and seller. The licensee must disclose the limitations of dual representation.

Q6. The fiduciary duty of 'accounting' in a Maine agency relationship requires the agent to:

A.Prepare financial statements for the client
B.Account for all funds and property received on behalf of the client
C.Pay the client's property taxes
D.Manage the client's investment portfolio

Explanation

The duty of accounting requires the agent to keep careful records of and account for all money and property received on behalf of the client — including earnest money and deposits.

Q7. In Maine, which document must be provided to a consumer at the first substantive contact in a real estate transaction?

A.A purchase and sale agreement
B.The Maine Informed Consumer Choice Disclosure Notice
C.A property condition disclosure
D.A loan estimate

Explanation

Maine law requires licensees to provide the Informed Consumer Choice Disclosure Notice at the first substantive contact, explaining the types of agency relationships available.

Q8. Under Maine agency law, a seller's agent owes which duty to the buyer?

A.Undivided loyalty
B.Confidentiality of the buyer's motivation
C.Disclosure of all material facts about the property
D.Negotiating the lowest possible price for the buyer

Explanation

Even though a seller's agent represents the seller, Maine law requires disclosure of all material facts about the property to all parties, including buyers.

Q9. In Maine, what is a 'designated agent'?

A.An agent designated by the buyer to negotiate on their behalf
B.A licensee within a brokerage firm appointed to represent one party exclusively when another licensee in the same firm represents the other party
C.The principal broker of a real estate office
D.An agent appointed by the court to manage a property

Explanation

In Maine, designated agency allows a brokerage to appoint specific licensees to represent the buyer and seller respectively in an in-house transaction, avoiding dual agency conflicts.

Q10. A buyer's agent in Maine owes the buyer the duty of:

A.Disclosing all offers received on the property
B.Undivided loyalty, confidentiality, and full disclosure
C.Presenting only offers above the asking price
D.Recommending only properties listed by their own brokerage

Explanation

A buyer's agent owes the buyer full fiduciary duties including undivided loyalty, confidentiality, disclosure of all relevant information, obedience to lawful instructions, reasonable care, and accounting.

Q11. Under Maine law, a seller's agent must disclose to the seller:

A.The buyer's maximum purchase price
B.The buyer's motivation for purchasing
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