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What is the legality of net listings in Maine?

  1. Legal and beneficial to the seller

  2. Legal and rarely used in the state of Maine

  3. Illegal in Maine and also in New Hampshire

  4. Illegal unless agreed in writing by all parties beforehand

The correct answer is: Illegal in Maine and also in New Hampshire

In Maine, net listings are considered illegal. A net listing is a type of property listing where a seller specifies a minimum amount they wish to receive from the sale of their property, and any amount above that specified figure goes directly to the real estate broker as commission. This practice can lead to potential conflicts of interest and ethical dilemmas for brokers, as their financial incentive might be misaligned with the best interests of the seller. Maine’s real estate laws aim to protect both sellers and buyers by promoting transparency and fairness in transactions. The prohibition on net listings reflects the state's effort to uphold ethical standards in real estate practices. Notably, the same legal status applies to neighboring New Hampshire, further emphasizing that the prohibition on this type of listing is consistent across both states. This understanding of Maine's legal framework regarding net listings is crucial for real estate professionals operating in the state, ensuring they comply with legal standards and maintain ethical business practices.