Exclusive Buyer Representation Agreement — Maine Edition Template

Since the 2024 NAR settlement took effect, a written buyer representation agreement is no longer optional for most agents — MLS participants must have a written agreement with a buyer before touring a home, and that agreement must state the compensation the buyer's broker will receive, in an amount that is objectively ascertainable and not open-ended. This template is built for that new reality.

The Exclusive Buyer Representation Agreement establishes the brokerage as the buyer's exclusive agent for a defined term and geographic area, sets out the broker's fiduciary duties (loyalty, confidentiality, disclosure, obedience to lawful instruction, reasonable care, and accounting), and — most importantly — fixes the broker's compensation in writing: a flat fee, a percentage, or an hourly structure, with clear language on how seller-paid or listing-broker-paid amounts offset the buyer's obligation. It includes a protection period for properties introduced during the term, a retainer provision, dual agency/designated agency consent language, and clean termination mechanics.

This 5-page template includes the compensation disclosure language required under the settlement framework, plus a 50-state variation notes section covering states where buyer agency agreements have statutory content requirements (several states mandate specific disclosures, type-size requirements, or prohibit certain term lengths). Buyer agency itself is a creature of state agency and license law, so the notes flag where state forms or specific statutory language are mandatory. As with all templates in this library, it is a drafting starting point to review with your broker or attorney — not a guaranteed state-compliant form.

About this Maine Edition: These twelve templates are drafted around the Maine Real Estate Brokerage License Act (32 M.R.S. Chapter 114) and the Maine Real Estate Commission's rules. The real estate brokerage agency, acting through its designated broker, is the contracting party on every form. Maine permits disclosed dual agency with written informed consent and also recognizes appointed agency, so the consent document covers both elections with separate duty explanations and signature blocks. The seller disclosure tracks Maine's statutory residential property disclosure headings (water supply, waste disposal, hazardous materials, known defects) and adds private-well, septic, heating-oil-tank, and shoreland-zoning items common in Maine housing stock. Electronic signatures are addressed under Maine's Uniform Electronic Transactions Act, and the statute of frauds is flagged in the addendum and counteroffer commentary. No association forms are reproduced.