Maine Seller Disclosure Requirements 2026: Water, Heat, Septic, Radon, Arsenic, Oil Tanks, Flood Zones, and the 2025 Shoreland Rule

Maine seller disclosure requirements come from a short state law, 33 M.R.S. §§171 to 179, and they reach almost every sale of a one-to-four-unit house. Unless an exemption applies, the seller gives the buyer a written property disclosure statement before the buyer makes an offer. It covers water, heat, septic, hazardous materials, known defects, road access, flood history, and shoreland zoning enforcement.

Below: every item on the Maine property disclosure statement, the exemptions read closely, and what an as-is sale changes.

What Are Maine Seller Disclosure Requirements?

Maine seller disclosure requirements oblige the seller of a one-to-four-unit house to give the buyer a written property disclosure statement covering the items in 33 M.R.S. §173, unless §172 exempts the sale.

The scope is broad. The law applies to “the transfer of any interest in residential real property, whether by sale, exchange, installment land contract, lease with an option to purchase or any other option to purchase” (33 M.R.S. §172). Residential real property means one to four dwelling units (33 M.R.S. §171(6)).

Nothing limits the law to sales with an agent. A for-sale-by-owner deal is covered, and so is a direct sale to a cash buyer.

What counts as a known defect

The statute defines a known defect as “a condition, known by the seller, that has a significant adverse effect on the value of property, significantly impairs the health or safety of future occupants of the property or, if not repaired, removed or replaced, significantly shortens the expected normal life of the premises” (33 M.R.S. §171(1)).

The test is what you know. A soft sill you have watched for years counts. A problem no one has ever found does not.

Who writes the form

The statute calls the statement “a written disclosure form prepared by a seller” (33 M.R.S. §171(3)). The Maine Real Estate Commission posts no seller disclosure form; its forms page lists only an agency disclosure (read September 2026). Listing agents typically use the Maine Association of Realtors' Property Disclosure Form. Whatever paper you use must answer every §173 item.

When Must You Deliver the Maine Property Disclosure Statement?

The seller must deliver the property disclosure statement “no later than the time the purchaser makes an offer to purchase, exchange or option the property” (33 M.R.S. §174(1)). For a lease with an option to buy, the deadline is when the tenant exercises the option.

The deadline is tied to the offer, not to the purchase and sale agreement or the closing.

The buyer's 72-hour exit

If the statement arrives after the offer, the buyer may withdraw the offer or end the contract “no later than 72 hours after receipt” (33 M.R.S. §174(2)). That exit is “without penalty,” and any deposit “must be promptly returned” (§174(3)).

The right is waived if the buyer does not use it before settlement or occupancy, whichever comes first (§174(4)). A sale also is “not invalidated solely because of the failure of any person to comply” (§174(5)).

When something changes after delivery

A later event does not make an accurate statement a violation (33 M.R.S. §175(1)). If you learn of an error or omission before settlement or occupancy, though, you must give the buyer a written supplemental disclosure (§175(2)).

Which Maine Sales Are Exempt From Disclosure?

Section 172 exempts 12 kinds of transfers, mostly deals driven by a court, a lender, a fiduciary, or a family relationship rather than an ordinary sale. The list reads:

• Court order (1): including “transfers ordered by a court in the administration of an estate” and “any foreclosure sale.”
• Default (2): transfers to a lender by a borrower “who is in default,” such as a deed in lieu.
• Power of sale (3): foreclosure sales, and the lender's resale afterward.
• Fiduciary (4): “Transfers by a fiduciary in the course of administration of a decedent's estate, guardianship, conservatorship or trust.”
• Co-owner (5): transfers “solely” between co-owners.
• Succession (6): “Transfers pursuant to testate or intestate succession.”
• Consanguinity (7): transfers to a spouse, child, grandchild, or other lineal relative of an owner.
• Divorce (8): transfers between spouses under a divorce judgment.
• Others (9 to 12): government, relocation companies, living trusts, and corrective deeds.

Personal representative versus heir

Maine follows the Uniform Probate Code (Title 18-C). The person who runs an estate in probate is the personal representative, the role some states call an executor. A personal representative who sells in the course of administration is exempt under §172(4).

The succession exemption in §172(6) covers the transfer to the heir, not the heir's own sale later. Once the house is deeded to you and you sell it, you give the statement. Our guide to selling an inherited house in Maine covers how a personal representative sells.

Foreclosure versus selling before foreclosure

A foreclosure sale is exempt. An owner who sells to a buyer before the foreclosure sale is not on the list, so that owner still owes the statement. The same goes for a divorcing couple selling jointly to an outside buyer, because §172(8) covers only transfers between the spouses.

Inside the Maine Property Disclosure Statement, Item by Item

Section 173 lists eight required topics: water supply, heating, waste disposal, hazardous materials, known defects, access, flood hazard, and shoreland zoning enforcement (33 M.R.S. §173). An old insulation item was repealed in 2005.

Water supply (§173(1))

You state the type of water supply. For a private well, you also give the system's type and location, any malfunctions, and “The date of the most recent water test, if any.” You must say whether you have had “an unsatisfactory water test or a water test with notations.”

Heating (§173(2-A))

The heating item is the most detailed on the form. For each system or source, you list:

• Type and age
• The company that services it and the date of the last service call
• “The annual fuel consumption per heating system or source”
• Any malfunctions “within the past 2 years”
• The date of the last inspection of the chimneys and vents

An oil boiler and a wood stove are separate sources. Fuel delivery records answer the fuel question.

Waste disposal (§173(3))

With a private septic system, you give the system type and the tank's size, type, location, malfunctions, and install date. You also give the leach field's location, malfunctions, and install date, plus the last servicing and the contractor's name. Shoreland systems add the §4216 statement covered below.

Hazardous materials (§173(4))

The form asks about “the presence or prior removal” of hazardous materials, including:

• Asbestos
• “Lead-based paint for pre-1978 homes in accordance with federal regulations”
• Radon
• Underground oil storage tanks
• Methamphetamine

“Prior removal” matters: a tank pulled years ago still gets disclosed. A buried oil tank also triggers a separate written notice before the sale, with its registration numbers and whether it was abandoned in place (38 M.R.S. §563(6)).

Known defects, access, and flood hazard (§173(5) to (7))

Item 5 is one line: “Any known defects.” Item 6 asks whether the house is reached by a public way. If not, you say who maintains the road, “including any responsible road association, if known by the seller.”

Item 7, added by Public Law 2023, chapter 585, asks two sets of flood questions. First, is the house wholly or partly in a FEMA special flood hazard area on the effective map issued on or after March 4, 2002? If so, you give the flood zone and a copy of the map panel.

Second, during your ownership, did any of these happen?

• Flood events that affected the house or another structure on the lot
• Flood-related damage to a structure
• Flood insurance claims, with the date of each claim
• Disaster aid for flood recovery, with the date of each payment

The history questions cover only your time as owner. An heir who owned the house for a year answers for that year.

The 2025 Shoreland Zoning Rule: What Changed and What Did Not

Since September 24, 2025, a Maine seller must give “Detailed information” on five kinds of shoreland zoning trouble, under 33 M.R.S. §173(8) as replaced by Public Law 2025, chapter 69. The list is:

• A notice of violation issued by a municipal official or state agency
• A pending enforcement action
• Litigation
• A court judgment
• A settlement or consent agreement

Each item must relate to a shoreland zoning ordinance adopted under Maine's Mandatory Shoreland Zoning Act (38 M.R.S. chapter 3, subchapter 1, article 2-B). The bill, LD 413, became Public Law 2025, chapter 69 without the Governor's signature on May 13, 2025. It has no emergency clause, so it took effect on the session's general effective date, September 24, 2025 (Maine Legislature, summary of 2025 enacted laws).

It replaced a 2023 version that asked about “an actual or alleged violation” with that concrete list.

What the rule does not cover

Section 173(8) is not a general violations rule. It says nothing about building code or zoning outside the shoreland ordinance, though those issues can still be known defects under §171(1).

Shoreland areas include land within 250 feet of the normal high-water line of a great pond, river, or saltwater body, 250 feet of certain wetlands, and 75 feet of a stream (38 M.R.S. §435).

The shoreland septic statement

A separate law applies to septic systems in shoreland areas. The seller gives a written statement on whether the system malfunctioned in the 180 days before transfer (30-A M.R.S. §4216). The buyer must have it inspected before purchase, or within 9 months if weather prevents it.

A malfunctioning system must be repaired or replaced within one year, with exceptions for recent systems and inspections. Our guide to selling a Maine camp or lakefront cottage covers the rest of a waterfront sale.

Radon and Arsenic: What Maine's Own Data Shows

No Maine statute requires a seller to test for radon or arsenic before a sale. Section 173 does require you to disclose what you know, including any radon and the date of the last water test.

Arsenic in private wells

The state's health agency puts it plainly: “1 in 10 wells in Maine has too much arsenic,” measured against the federal limit of 10 parts per billion (Maine CDC, “Arsenic in Drinking Water,” accessed September 2026).

Every non-exempt seller must also give the buyer the state's information on “arsenic in private water supplies and arsenic in treated wood” (33 M.R.S. §173-A), even for a house on public water.

Radon in indoor air

In Maine's radon test data, 41% of tests in non-rental houses came in at or above 4 picocuries per liter, EPA's action level. The figure for rentals was 11.4% (Maine Environmental Public Health Tracking Program, radon data updated December 2019).

For non-rental houses, Cumberland County came in at 49.4% and Penobscot at 27.9%. The data covers tested houses only, excluding tests taken with mitigation running.

Landlords must test rental buildings and give tenants written notice (14 M.R.S. §6030-D). If you are selling a rental, that test belongs on the statement.

Does Selling As-Is Remove Maine Disclosure Duties?

No. Selling as-is means you make no repairs, but Maine's disclosure statute has no as-is exemption, so a non-exempt seller still owes the statement.

The law does limit what the statement promises. It is “not a warranty by the seller.” You may answer that an item is unknown, and you are “not obligated” to investigate to fill in the form (33 M.R.S. §176(1)).

You are not liable for an error outside your actual knowledge, or one from a report you reasonably believed, if you were not negligent (33 M.R.S. §177).

Fraud claims survive

The statute does not limit any other duty to disclose “in order to avoid fraud, misrepresentation or deceit in the transaction” (33 M.R.S. §178). Even an exempt seller can face a misrepresentation claim for hiding a known problem. As-is shifts repairs to the buyer. It does not shift the truth.

The federal lead paint rule

For housing built before 1978, a federal rule applies before the buyer is bound by a contract (40 CFR Part 745, Subpart F). The seller gives an EPA pamphlet and known lead reports, and the buyer gets 10 days to test unless waived. Our guide to selling an old Maine house as-is covers lead orders and oil tanks in more depth.

How a Cash Offer Can Be Priced on What You Disclose

A direct cash buyer can price your house on the condition you disclose, up front, instead of renegotiating after an inspection finds the same problems.

In a listed sale, a failed well test or an old tank often becomes a repair request or a credit. Maine had 1,542 single-family sales in August 2026, down 10.09% from a year earlier, at a median price of $424,550 (Maine Association of Realtors, September 2026).

The group's 2026 president put it this way: “Properties that are appropriately priced for their condition within their market are getting attention and selling.”

Propcash is a direct cash homebuyer that makes offers as a principal. Share your completed statement, well tests, and septic records, and Propcash can make one cash offer with the reasoning shown. There are no fees, commissions, or repairs. Cash closings can happen in as few as 7 days, with a closing attorney or title company handling the paperwork.

To see your options, get a cash offer and compare it with what a listing would net after repairs. If a cash sale is not your best move, we will say so and point you to a local agent. We may receive compensation from agents we refer. See our guide to selling a house in Maine and our page on selling a house that needs major repairs.

Frequently Asked Questions

Is a seller disclosure required in Maine when selling without a real estate agent?

Yes, unless the sale fits one of the exemptions in 33 M.R.S. §172. The law applies to the transfer of any interest in a one-to-four-unit residential house, with or without an agent. A direct sale to a cash buyer is covered the same way a listed sale is.

When does a Maine seller have to deliver the property disclosure statement?

The seller must deliver it no later than the time the buyer makes an offer, under 33 M.R.S. §174. If the buyer receives it after offering, the buyer has 72 hours to withdraw the offer or end the contract without penalty, and any deposit must be promptly returned. That right ends at settlement or occupancy, whichever comes first.

Do heirs have to give a Maine property disclosure statement?

It depends on who sells. A personal representative selling in the course of administering an estate is exempt under 33 M.R.S. §172(4). The succession exemption in §172(6) covers only the transfer to the heir, so an heir who has taken title and then sells must give the statement.

What did Maine's 2025 shoreland zoning disclosure law change?

Public Law 2025, chapter 69 replaced 33 M.R.S. §173(8), effective September 24, 2025. Sellers must now give detailed information on any shoreland zoning notice of violation, pending enforcement action, litigation, court judgment, or settlement or consent agreement. The rule covers shoreland zoning ordinances only, not code violations in general.

Does a Maine seller have to test for radon or arsenic before selling?

No Maine statute requires a seller to test before a sale. The seller must disclose known radon and the date of the most recent water test, and must hand the buyer the state's information on arsenic in well water and treated wood. Landlords are different, because 14 M.R.S. §6030-D requires radon testing of rental buildings.

Does selling as-is protect a Maine seller from disclosure claims?

No. An as-is sale means no repairs, but the disclosure statute has no as-is exemption. Under 33 M.R.S. §178, the law also keeps other duties to disclose in order to avoid fraud, misrepresentation, or deceit. The safe path is to disclose what you know and let the price reflect it.

Data Sources: 33 M.R.S. §§171 to 178; Public Law 2025, chapter 69; 38 M.R.S. §§435 and 563; 30-A M.R.S. §4216; 14 M.R.S. §6030-D; 40 CFR Part 745. Data from Maine CDC; Maine Environmental Public Health Tracking Program; Maine Association of Realtors. Propcash is a direct cash homebuyer, not a law firm. Consult a Maine attorney about specific disclosure questions.