Free Maine Purchase Agreement for Real Estate

A Maine purchase agreement is a written contract. The seller agrees to sell and the buyer agrees to buy real estate on stated terms. This fillable purchase agreement template records the parties, the property, the price, the deposit and the closing date. For a home sale, Maine law also asks the seller to give the buyer a property disclosure statement unless the sale is exempt.[1] Download the form below or fill it out online.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Maine law. If you notice an error or outdated information, please contact us.

Maine real estate purchase contract form

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What Is a Maine Purchase Agreement?

A Maine purchase agreement, also called a purchase and sale agreement, is the contract that sets the terms of a real estate sale. It names the buyer and the seller, describes the property and states the price. Once both sides sign, it guides the deal through closing.

A purchase agreement usually records these points:

  • The names and addresses of the buyer and the seller
  • A description of the property
  • The purchase price and the deposit
  • The conditions the deal depends on
  • The closing date and the signatures

The buyer signs first, as an offer. Section 27 of the template treats the form as an offer to purchase, and Section 32 is where the seller accepts by signing. The signed copy must reach the buyer before the offer expires under Section 31.

The residential form lists single family homes, condominium units, apartment units, townhouse units, duplexes and triplexes (Section 2). If some personal property is sold on its own, FormsPal also has a Maine bill of sale.

Maine Residential Purchase and Sale Agreement

A Maine residential purchase and sale agreement is the contract for selling a home. The template on this page has 38 numbered sections. They cover the parties, the property, the deposit, the price, the buyer's contingencies, the closing and the signatures. Read every section before anyone signs. Buyers in other states can start from the real estate purchase agreement overview.

The sections fall into these groups:

  • Parties: the names and mailing addresses of the buyer and the seller (Section 1)
  • Property: single family home, condominium unit, apartment unit, townhouse unit, duplex, triplex or other, plus the tax parcel information and the legal description if available (Section 2)
  • Included items: personal property, fixtures and appliances that stay with the sale, and any exclusions (Sections 3 and 4)
  • Money: the earnest money deposit, the purchase price, closing costs and funds at closing (Sections 5, 5A, 12 and 14)
  • Buyer protections: contingencies, the loan application, due diligence, title and the appraisal (Sections 6 to 9 and 11)
  • Condition and risk: property condition, damage or destruction, and the seller's indemnification (Sections 10, 16 and 17)
  • Closing and endings: the closing date, termination, default by either side and dispute resolution (Sections 13, 19 and 22 to 25)
  • Disclosures: the swimming pool question, lead-based paint and the property disclosure statement (Sections 36 to 38)
  • Signatures: two lines each for sellers and buyers, with a printed name and a date for every signer
Fill in every blank before you sign. Write "N/A" on any line that does not apply, so nobody can add terms to it later.

Section 5 asks for an earnest money deposit, which is money the buyer puts down to show the offer is serious. The deposit is credited to the purchase price at closing.

Section 6 has check boxes for the buyer's contingencies. A contingency is a condition the deal depends on. You can mark whether the purchase depends on the buyer getting a loan, and whether it depends on the buyer selling another property.

If the buyer is getting a loan, Section 7 asks for a good faith loan application. By a date you fill in, the buyer gives the seller a lender letter. The letter verifies the source of the down payment and the funds to close. Without that letter, the seller can end the agreement by written notice within five business days of that date.

Sections 8 and 9 cover the buyer's checks before closing. The buyer can order an appraisal, a survey and a property condition assessment at the buyer's cost. The seller orders a title report, and the buyer has a set number of business days to object to anything in it. If the seller cannot fix a defect, the buyer can cancel and get the full deposit back.

Section 11 ties the deal to an appraisal. If the home appraises for less than the price, the parties get a set number of business days to renegotiate. If they cannot agree, the agreement ends and the buyer gets the deposit back.

Section 10 has the seller keep the property in its current condition until closing, apart from ordinary wear and tear. Section 17 says the buyer takes the property as is, with all defects, except as the agreement or the seller's property disclosure document says otherwise. In the same section, the seller promises to cover the buyer's damages from a materially inaccurate or misleading statement. This promise is called indemnification.

Section 31 makes the offer expire at 5 pm on a date you fill in, unless the seller has signed and delivered a copy to the buyer by then. If the offer expires, the deposit goes back to the buyer. To fill in the downloaded PDF on your screen, use the PDF editor, then print the agreement for signing.

Example of a Filled-In Maine Purchase Agreement

This example uses made-up names, addresses and amounts, so none of it describes a real sale or a recommended term. It shows how the first blanks of the Maine form might look once they are filled in.

  • Buyer (Section 1): Alex Example, 12 Sample Lane, Anytown, Maine
  • Seller (Section 1): Sam Sample, 34 Placeholder Road, Anytown, Maine
  • Property (Section 2): single family home at 99 Example Street, Anytown, Maine, with the box for a single family home checked
  • Personal property (Section 3): a washer and a dryer
  • Deposit (Section 5): $1,000, due by a date both sides write in
  • Purchase price (Section 5A): $200,000
  • Buyer's contingency (Section 6): the purchase depends on the buyer getting financing, and does not depend on selling another property
  • Offer expiration (Section 31): 5 pm on the date the buyer writes in

Your own entries will differ. Replace every sample entry before you sign.

How Does Closing Work Under the Maine Template?

Closing is the day the buyer pays and the seller hands over the property. Section 13 of the Maine form sets the closing date. The closing takes place in the escrow agent's office unless the parties choose another place. Before that day, the buyer makes sure all the funds reach the escrow agent.

Here is what the form says about the closing and what comes with it:

  • Title: the seller conveys title by warranty deed, or an equivalent instrument, and orders a title report for the buyer (Section 9)
  • Title insurance: the buyer pays for the owner's policy, and the escrow agent's other costs are shared equally (Sections 9 and 12)
  • Prorations: real estate taxes, rents, dues and fees for the year of the sale are prorated as of the closing date, and the seller pays taxes due for prior years (Section 14)
  • Mineral rights: rights under the soil, including water, gas, oil and minerals, pass to the buyer at closing (Section 15)
  • Documents: both sides sign the further documents needed to complete the sale (Section 18)

Section 16 lets the buyer end the contract and get the full deposit back if the improvements are materially damaged or destroyed before closing. Section 33 says the buyer takes possession at closing, and the home is delivered free of tenants, occupants and debris.

Section 34 gives the buyer a walk-through within the 48 hours before closing. Under Section 34, if the home has been damaged since signing, the buyer can require an extension of the closing. The seller then repairs the damage promptly. FormsPal has a general warranty deed form for the deed named in Section 9. If your sale needs a different type of deed, there is also a Maine quitclaim deed form.

What Does the Maine Template Say If the Deal Falls Apart?

The form sets out what happens when one side breaks the contract. Under Section 22, if the buyer defaults, the seller's only remedy is liquidated damages equal to the deposit. Under Section 23, if the seller defaults, the buyer can ask a court to make the seller complete the sale, or can cancel and get the deposit back.

Disputes start with mediation. Section 25 has the parties mediate in good faith and share the mediator's cost, then go to binding arbitration if mediation fails. Under that section the arbitrator is a retired judge or an attorney with at least five years of residential real estate law experience, unless the parties agree on someone else.

Section 25 keeps these matters outside mediation and arbitration:

  • Foreclosure and other actions to enforce a deed, mortgage or installment land sale contract
  • Eviction and similar actions to remove an occupant
  • The filing or enforcement of a mechanic's lien
  • Matters within the reach of a probate, small claims or bankruptcy court

Section 21 says time is of the essence for every date in the contract, so a missed deadline matters. It also says the written contract replaces earlier talks and that any change must be in writing and signed by both parties. Section 29 counts business days as every day except Saturdays, Sundays and federal or state holidays.

Section 27 treats the form as an offer to buy. If only some of the parties initial the pages, a counteroffer is needed. The seller can keep offering the property until the buyer is told the offer is accepted. Section 32 has the seller confirm ownership or authority to sell. It allows delivery by hand, by email with electronic confirmation or by overnight courier.

Section 35 says an agent's fee follows that agent's own written agreement. Because a Maine real estate sale involves a large sum, many buyers and sellers ask an attorney to look over the contract before they sign.

Common Mistakes With a Maine Purchase Agreement

Most problems with a purchase agreement come from blanks and dates, and the Maine form has many of both. A few habits prevent most of the trouble. Each one ties back to a section of the template.

  • Leaving blanks empty, which lets someone add terms later. Write "N/A" on any line that does not apply.
  • Missing a deadline. Section 21 makes time of the essence for every date in the contract.
  • Skipping initials. If only some of the parties initial the pages, Section 27 calls for a counteroffer.
  • Forgetting the attachments, which are the pool notice, the lead-based paint form and the property disclosure statement (Sections 36 to 38).
  • Relying on a spoken promise. Section 21 says the written contract replaces earlier talks.
  • Signing before reading all 38 sections.

When the form is complete, print it for signing and give each party a copy. Section 21 asks for any later change to be in writing and signed by both parties, and FormsPal has real estate purchase agreement addendums for that. You can find other Maine documents in the Maine PDF forms library.

Maine Commercial Purchase and Sale Agreement

A commercial purchase and sale agreement covers property that is not a home, such as an office building, a retail space or vacant land. It is usually longer and more detailed than a residential agreement. The template on this page is the residential form. A commercial deal often calls for a contract written for that type of property, such as the commercial real estate purchase agreement.

Commercial contracts commonly cover these points in detail:

  • Both parties' details, since one or both are often companies
  • A description of the premises
  • The price and how it is paid
  • Title, survey and appraisal
  • Mineral rights
  • Closing and termination
  • Dispute resolution

They are used for industrial property, land, multi-family property, office buildings, retail property and mixed-use property. Because the amounts are large, many buyers and sellers ask an attorney to review the contract before anyone signs.

In practice, parties often agree to try mediation first and to split the mediator's cost. A severability clause is also common. It keeps the rest of the contract in place if one term is later changed or dropped.

Required Seller Disclosures in Maine

In Maine, the seller of residential real property must give the buyer a property disclosure statement, unless the transaction is exempt under section 172. The rule comes from Me. Rev. Stat. tit. 33, § 173.[1] Many people call it the Maine property disclosure form.

The statute's own wording:

Unless the transaction is exempt under section 172, the seller of residential real property shall provide to the purchaser a property disclosure statement containing the following information:

Me. Rev. Stat. tit. 33, § 173

The statement covers these topics:[1]

  • Water supply: the type of system used to supply water to the property
  • Heating: detailed information on the system or source used to supply heat
  • Waste disposal: the type of waste disposal system used on the property
  • Hazardous materials: the presence or prior removal of hazardous materials or elements
  • Known defects: any known defects
  • Access: information describing the means of accessing the property
  • Flood hazard: information about potential flood risks
  • Shoreland zoning: detailed information on the matters the statute lists for a shoreland zoning ordinance
  • Lead-based paint: for pre-1978 homes, under federal regulations
The duty has an exception. A transaction that is exempt under section 172 does not need the statement, so check that section against your sale.[1]

Section 37 asks whether the home was built before 1978. If it was, both parties sign the attached Lead-Based Paint Disclosure Form. Section 38 states that the seller completed the Property Disclosure Statement and attached it to the agreement.

Frequently Asked Questions

This short answer covers the Maine seller disclosure statement. It comes from Me. Rev. Stat. tit. 33, § 173, which is listed in Sources so you can read the statute yourself.

What's on the Maine Seller Disclosure Form?

The seller of residential real property gives the buyer a property disclosure statement, unless the transaction is exempt under section 172. It covers the water supply, heating and waste disposal systems. It also covers hazardous materials, known defects, access to the property, flood hazard, shoreland zoning matters, and lead-based paint for pre-1978 homes.[1]

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General information, not legal or tax advice.

Sources

  1. Me. Rev. Stat. tit. 33, § 173.
Published: Jul 15, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.