Read the full stored bill text
Printed on recycled paper
132nd MAINE LEGISLATURE
SECOND REGULAR SESSION-2026
Legislative Document No. 2182
S.P. 886 In Senate, February 3, 2026
An Act to Implement a Recommendation of the Commission to
Recommend Methods for Preventing Deed Fraud in the State
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on
Judiciary pursuant to Resolve 2025, chapter 104, section 7.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Page 1 - 132LR3002(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 10 MRSA c. 213-A is enacted to read:
3CHAPTER 213-A
4SETTLEMENT AGENT DUTY TO VERIFY SELLER OF REAL ESTATE
5§1409. Definitions
6 As used in this chapter, unless the context otherwise indicates, the following terms
7 have the following meanings.
81. Administrator. "Administrator" means the Superintendent of Consumer Credit
9 Protection within the Department of Professional and Financial Regulation.
102. Covered real estate transaction. "Covered real estate transaction" means a real
11 estate transaction involving vacant land or residential real estate in the State.
123. Settlement. "Settlement" means the receipt of loan funds, loan documents or other
13 documents or funds to carry out the contractual terms of a covered real estate transaction.
144. Settlement agency. "Settlement agency" means the person responsible for
15 conducting the settlement or disbursement of settlement proceeds in a covered real estate
16 transaction effecting the sale, transfer, encumbrance or lease to another person of real or
17 personal property located in this State. "Settlement agency" includes an individual,
18 corporation, limited liability company, partnership or other entity conducting the settlement
19 or disbursement of settlement proceeds.
205. Settlement agent. "Settlement agent" means a person engaged in the business of
21 settlements on behalf of a settlement agency.
22§1410. Verification of seller identity
231. Duty. Beginning January 1, 2027, a settlement agent may not conduct a settlement
24 for a covered real estate transaction unless the settlement agent has verified the identity of
25 the person who is selling the property in accordance with the requirements set forth in rules
26 adopted under subsection 2.
272. Rulemaking. The administrator shall adopt rules governing the duty of a settlement
28 agent to verify the identity of the person who is selling property under subsection 1. The
29 administrator shall consult with the Real Estate Commission under Title 32, section 13062
30 prior to adoption or amendment of rules under this subsection. Rules adopted pursuant to
31 this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter
32 2-A.
33Sec. 2. 32 MRSA §13065, sub-§3-A is enacted to read:
343-A. Verification of seller identity. The commission shall adopt rules governing the
35 duty of a real estate brokerage agency to verify the identity of a seller before entering a
36 brokerage agreement with or providing services to any client who is the seller in a real
37 estate transaction as required by section 13177-A, subsection 3. The commission shall
38 consult with the Superintendent of Consumer Credit Protection within the Department of
39 Professional and Financial Regulation prior to adoption or amendment of rules under this
Page 2 - 132LR3002(01)
40 subsection. Rules adopted pursuant to this subsection are routine technical rules as defined
41 in Title 5, chapter 375, subchapter 2-A.
3Sec. 3. 32 MRSA §13177-A, sub-§3 is enacted to read:
43. Duty to verify identity of seller. Beginning January 1, 2027, a real estate brokerage
5 agency may not enter into a brokerage agreement with a seller or provide any services to a
6 client who is the seller in a real estate transaction unless the real estate broker or an associate
7 real estate broker or a real estate sales agent employed by or on behalf of the real estate
8 brokerage agency has verified the identity of the seller in accordance with the requirements
9 set forth in rules adopted by the commission pursuant to section 13065, subsection 3-A.
10SUMMARY
11 This bill is reported out by the Joint Standing Committee on Judiciary to implement a
12 recommendation of the Commission to Recommend Methods for Preventing Deed Fraud
13 in the State established by Resolve 2025, chapter 104. The joint standing committee has
14 not taken a position on the substance of this bill. By reporting this bill out, the joint standing
15 committee is not suggesting and does not intend to suggest that it agrees or disagrees with
16 any aspect of this bill; instead, the joint standing committee is reporting the bill out for the
17 sole purpose of having a bill printed that can be referred to a joint standing committee for
18 an appropriate public hearing and subsequent processing in the normal course. The joint
19 standing committee is taking this action to ensure clarity and transparency in the legislative
20 review of the proposals contained in the bill.
21 The bill provides that, beginning January 1, 2027, a real estate brokerage agency may
22 not enter into a brokerage agreement with a seller or provide any services to a seller of real
23 property unless the real estate broker or an associate real estate broker or a real estate sales
24 agent employed by or on behalf of the real estate brokerage agency has verified the identity
25 of the seller in accordance with the requirements set forth in rules adopted by the
26 Department of Professional and Financial Regulation, Office of Professional and
27 Occupational Regulation, Real Estate Commission. It also provides that, beginning
28 January 1, 2027, a settlement agent may not conduct a settlement involving vacant land or
29 residential real estate in the State unless the settlement agent has verified the identity of the
30 seller in accordance with the requirements set forth in rules adopted by the Superintendent
31 of Consumer Credit Protection within the department. The bill directs the commission and
32 the superintendent to consult prior to the adoption or amendment of the rules concerning
33 the verification of seller identity.
1
2
11
12
13
14
15
16
17
18
19
20