§ 32 §13177-B — Unfair agreements to list residential real estate

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Prohibited agreements.
A provider may not enter into or offer to enter into a long‑term agreement that purports to:
3.
Unfair trade practice.
A violation of subsection 2 is a violation of the Maine Unfair Trade Practices Act.
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.
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.
6.
Mechanic's lien.
Nothing in this section affects a lien on residential real estate established under Title 10, section 3251.

Legislative History

PL 2023, c. 290, §1 (NEW).