Is a real estate brokerage agency presumed to be acting as a transaction broker unless a written agreement specifies otherwise?

In Maine, the presumption is that a real estate brokerage agency acts as a transaction broker unless there is a specific written agreement that establishes a different agency relationship. This means that unless clients explicitly outline their preferences in a documented form, the brokerage is assumed to represent neither party in an exclusive manner but instead facilitates the transaction between the buyer and seller.

Acting as a transaction broker allows the agency to assist both parties in negotiating the terms of the transaction while remaining neutral. This relationship is particularly advantageous in situations where both parties desire a collaborative approach, but it can also create ambiguity regarding the level of advocacy each party receives. As such, having a written agreement clarifies the responsibilities and expectations of the brokerage and the clients involved, ensuring all parties are on the same page regarding their representation.

Without this written specification, any disputes or misunderstandings can arise, as clients may believe the brokerage is advocating for their interests rather than adopting a neutral role. Therefore, understanding this presumption is critical for both brokers and their clients to navigate the agency relationship effectively.