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Maine Purchase and Sale Agreement for Real Estate: Free 2025 Template + Complete Guide

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As a real estate attorney who has drafted and reviewed hundreds of purchase and sale agreements across New England for over twelve years, I can tell you that Maine’s real estate contracts have unique requirements most generic online templates completely miss. Today I’m giving you my fully updated, attorney-drafted Maine Purchase and Sale Agreement template for 2025 – 100% free to download – along with a line-by-line explanation of every section so you close with confidence.

Click here to download the free Maine Purchase and Sale Agreement template (Word .docx)

Important Disclaimer: This template and article are for informational purposes only and do not constitute legal advice. Real estate laws change, and your situation may require custom language. Always consult a licensed Maine real estate attorney before signing any binding contract.

What Is a Maine Purchase and Sale Agreement?

A Maine purchase and sale agreement (also called a real estate sales contract or offer to purchase) is the legally binding document that outlines the terms under which a buyer agrees to purchase, and a seller agrees to sell, residential or commercial real property in the state of Maine.

Unlike many states that rely heavily on standardized forms from the state BAR or Realtor association, Maine does not have one mandatory statewide form. This gives flexibility but also increases risk if key Maine-specific disclosures and contingencies are omitted.

Why You Should Never Use a Generic “National” Template in Maine

In my practice, I’ve seen out-of-state templates cause six-figure problems because they missed:

My free template below includes every one of these protections.

Free Download: Maine Purchase and Sale Agreement Template 2025

Download Maine Real Estate Purchase and Sale Agreement Template (DOCX)
Download as PDF (for reference only)

Line-by-Line Breakdown of the Maine Purchase and Sale Agreement

1. Parties and Property Description

Include full legal names and the complete legal description from the current deed (book/page or Plan reference). Maine registries are now digitized, so copying directly from the county registry website prevents errors.

2. Purchase Price and Earnest Money Deposit

Maine law does not require an earnest money deposit, but 1-3% is customary. Specify:

3. Financing Contingency (If Applicable)

Even in 2025, most Maine buyers still finance. Include a 21-30 day financing contingency with clear “loan denial” language so the buyer can recover their deposit if financing falls through.

4. Inspection Contingency – The Most Important Section

Maine has some of the oldest housing stock in America. I always recommend a 10-14 day inspection period covering:

5. Mandatory Maine Seller Disclosures

Under 33 M.R.S. §171 et seq., sellers must complete and deliver the Maine Residential Real Property Disclosure Statement. Reference it explicitly and attach as Exhibit A.

Source: Maine CDC Radon Program | 33 M.R.S. §173-179

6. Title and Deed Provisions

Specify “marketable title” by warranty deed (most common) or quitclaim with covenant (common in family transfers). Include standard exceptions for taxes not yet due, utility easements, and recorded restrictions.

7. Real Estate Transfer Tax

Maine imposes a transfer tax of $2.20 per $500 of value (0.44%). Standard practice is 50/50 split, but many buyers now negotiate seller pays full amount in hot markets.

Source: Maine Revenue Services – Real Estate Transfer Tax

8. Closing Date and Possession

Typical closing is 45-60 days from binding agreement date. Specify exact time of day possession transfers (often 5:00 PM day of closing or “at closing”).

9. Prorations and Adjustments

Property taxes, HOA/condo fees, fuel oil/propane, rents, and prepaid items are prorated as of the closing date. Maine uses a 365-day year for tax proration.

10. Default and Remedies

Clearly state that time is of the essence and outline remedies (specific performance vs. liquidated damages). Many Maine contracts now cap seller liquidated damages at the deposit amount.

11. Additional Maine-Specific Addenda (Often Required)

AddendumWhen Needed
Shoreland Zone AddendumProperty within 250 ft of great pond, river, or coastal wetland
Private Road Maintenance AgreementMost rural Maine properties
Condominium AddendumAny condo purchase – review budget and reserve study
Lead Paint DisclosurePre-1978 construction (federal law)
Maine Energy Efficiency DisclosureRequired for most single-family sales

Common Mistakes I See on Maine Purchase Agreements

How to Make Your Maine Offer Stand Out in 2025

Even with higher interest rates, desirable properties in Portland, Midcoast, and lake regions still see multiple offers. My clients win by:

Frequently Asked Questions About Maine Real Estate Contracts

Is a purchase agreement legally binding in Maine once signed?
Yes – as soon as both parties sign and it’s delivered, it becomes binding (even before deposit is paid, though deposit deadlines are strictly enforced).

Can I write my own purchase agreement in Maine?
You can, but I’ve seen handwritten or poorly drafted contracts cost clients tens of thousands. Use my template as a base and have an attorney review.

Who pays the attorney fees in Maine?
Maine is an “attorney state” – both sides typically use their own closing attorney, and each pays their own fees (unlike some states where seller pays buyer’s attorney).

Final Thoughts

After closing thousands of Maine real estate transactions, I still believe the purchase and sale agreement is the single most important document in the process. A well-drafted contract protects both parties and dramatically reduces closing-day surprises.

Download my free Maine Purchase and Sale Agreement template today, customize it to your transaction, and always – always – have it reviewed by a local real estate attorney before signing.

Download Your Free Maine Real Estate Purchase Agreement Template Now

Wishing you a smooth and successful Maine closing!

This template is updated for 2025 Maine law. Last revised: November 2025.