Maine Seller Disclosure | 33 M.R.S. § 173

Key Information

Maine requires residential sellers to provide a written disclosure under 33 Maine Revised Statutes § 173 (Property Disclosure). It covers structural systems, mechanical systems, environmental hazards, and water and sewage. Federal Lead-Based Paint Disclosure (42 U.S.C.

Pricing: Starting $99/month

Time Required: Listing documentation package in one workflow

The Problem

Maine's 33 M.R.S. § 173 mandates a specific property condition disclosure with categories that listing agents and sellers commonly underestimate. Missing or incomplete disclosures on water, septic, environmental hazards, or known structural defects are among the most common sources of post-closing claims in Maine.

The Solution

BuildMyListing prepares the listing documentation layer for Maine transactions — Fair Housing-scanned MLS copy, California-grade photo alteration tracking, and a compliance summary that documents the disclosure conversation. Use alongside the state-prescribed 33 M.R.S. § 173 form.

Key Features

Disclosure Category Coverage

BuildMyListing prompts capture the disclosure categories Maine sellers typically need to address: water supply and quality (including arsenic and radon), septic and waste disposal system, heating system and energy sources, and other material conditions.

Benefit: Complete documentation before listing day

Lead-Based Paint Federal Addendum

For Maine homes built before 1978, the federal EPA/HUD lead paint disclosure (42 U.S.C. § 4852d) is required in addition to any state disclosure. BuildMyListing flags pre-1978 properties and includes the lead paint checklist in the documentation package.

Benefit: Never miss the federal overlay on older homes

Fair Housing Listing Copy

Generated MLS descriptions, headlines, and social captions are scanned against the seven federal Fair Housing Act protected classes (42 U.S.C. § 3604) plus any state-level additions before content is shown to the agent.

Benefit: Reduce Fair Housing complaint exposure on Maine listings

MLS-Ready Listing Package

Generate enhanced photos, MLS descriptions, and marketing flyers in the same workflow — not a separate system. California-grade photo alteration tracking is built in even for non-California listings, creating a defensible audit trail for any AI-altered photo.

Benefit: From listing appointment to MLS-ready in one session

How It Works

Enter Property Details

Input address, construction year, known condition items, and applicable disclosures. BuildMyListing flags Maine-specific categories and federal overlays.

Document Seller Responses

Walk through each disclosure category with your seller and record their responses. BuildMyListing timestamps and formats responses for a complete documentation record.

Download Listing Package with Compliance Record

Download the full listing package: enhanced photos, MLS description, and a compliance summary for your broker file that documents the disclosure process.

Compliance Reference

Maine Disclosure Category	Status under 33 M.R.S. § 173	Documentation step	Risk if omitted
Water supply and quality (including arsenic and radon)	Required	Document seller response	Material misrepresentation creates fraud liability
Septic and waste disposal system	Required	Document seller response	Material misrepresentation creates fraud liability
Heating system and energy sources	Required	Document seller response	Material misrepresentation creates fraud liability
Hazardous materials including lead paint and asbestos	Required if applicable	Document seller response	Material misrepresentation creates fraud liability
Known structural and mechanical defects	Required if applicable	Document seller response	Material misrepresentation creates fraud liability

Common Use Cases

Maine Resale with Pre-1978 Construction

Scenario: Agent listing a Maine home built before 1978. The federal Lead-Based Paint Disclosure Rule (42 U.S.C. § 4852d) applies in addition to any state requirements.

Process: BuildMyListing flags pre-1978 construction → Includes the federal lead paint addendum reminder in the package → Documents the disclosure conversation → Generates a compliance summary

Compliance: Federal 42 U.S.C. § 4852d documented alongside 33 M.R.S. § 173 categories

Maine Listing with AI-Enhanced Photos

Scenario: Agent generates virtually staged and enhanced photos for a Maine listing. While Maine does not have a state photo-alteration statute, BuildMyListing applies California-grade tracking by default.

Process: Upload originals → Enhance and stage → BuildMyListing logs every alteration → Public disclosure page and QR code generated → Agent can elect to attach to the listing for transparency

Compliance: Defensible audit trail of every AI alteration, available for the broker file regardless of whether the state mandates it

Frequently Asked Questions

What is 33 Maine Revised Statutes § 173 (Property Disclosure) and who must comply?

33 Maine Revised Statutes § 173 (Property Disclosure) requires sellers of residential real property in Maine to provide a written property condition disclosure to buyers, typically before the purchase agreement is signed. The state-prescribed form covers structural systems, mechanical systems, environmental hazards, water and sewage, and other material conditions of the property.

What happens if a Maine seller fails to deliver the disclosure?

Under 33 M.R.S. § 174, if the seller does not provide the property disclosure prior to or upon execution of the purchase contract, the buyer may terminate without penalty.

What categories must Maine sellers disclose?

Under 33 M.R.S. § 173, sellers typically must disclose: Water supply and quality (including arsenic and radon); Septic and waste disposal system; Heating system and energy sources; Hazardous materials including lead paint and asbestos; Known structural and mechanical defects. Sellers must disclose known conditions even if repairs have been made. The standard form (Maine Real Estate Commission Property Disclosure Form) is the practical mechanism for capturing each category.

Does the federal lead-based paint requirement apply to Maine homes?

Yes. The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. § 4852d) applies to any sale of residential housing built before 1978 in all 50 states, including Maine. Sellers must provide the EPA pamphlet 'Protect Your Family From Lead in Your Home,' complete a lead-based paint disclosure form, and give buyers a 10-day inspection opportunity. This applies in addition to 33 M.R.S. § 173.

Does Maine require AI photo alteration disclosure?

As of early 2026, California is the only state with a statutory AI photo alteration disclosure regime (effective January 1, 2026). Maine does not currently have an equivalent. However, the federal FTC's general prohibition on deceptive advertising and applicable local MLS rules may still require disclosure of substantially altered listing photos. BuildMyListing applies California-grade tracking by default so the audit trail exists if needed.

What Fair Housing protected classes apply to Maine listing descriptions?

The federal Fair Housing Act (42 U.S.C. § 3604) protects seven classes nationwide: race, color, national origin, religion, sex, familial status, and disability. Maine may add state-level protected classes under its own civil rights statutes. Listing descriptions in Maine must avoid language that expresses a preference, limitation, or discrimination based on any protected characteristic.

Are there exemptions from the Maine disclosure requirement?

Most state property condition disclosure statutes — including 33 M.R.S. § 173 — exempt sales by court order, foreclosure sales, sales between family members, sales by an estate or trust, and certain new construction sales (which are governed by other disclosures). The exemptions are narrow, and most standard resales between unrelated parties require the full disclosure. Consult a licensed Maine real estate attorney for transaction-specific exemption questions.

Does BuildMyListing provide legal advice on Maine disclosures?

No. BuildMyListing is a compliance documentation tool that creates an audit trail of photo alterations and a written record of the disclosure conversation. It does not replace the state-prescribed Maine Real Estate Commission Property Disclosure Form, and it does not provide legal advice. Consult a licensed Maine real estate attorney for questions about your specific disclosure obligations.

Ready to Get Started?

Transform your listing photos with AI-powered enhancement and automatic AB 723 compliance tracking.

Join the Waitlist

Maine Seller Disclosure Requirements — 33 M.R.S. § 173