Maine Lease Provisions Relating to Brokers

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Multi-State
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US-OL29A07
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Description

This office lease provision states that the landlord and tenant each warrant and represent to the other party that there was no broker, finder or similar person, other than those listed, entitled to a commission, fee or other compensation, instrumental in consummating the lease. It also states that no conversations or prior negotiations were had by the landlord or tenant, respectively, or anyone acting on behalf of the landlord or the tenant, respectively, with any broker, finder or similar person, other than those listed, concerning the renting of the demised premises.

Maine Lease Provisions Relating to Brokers are specific clauses or terms included in lease agreements to outline the rights and responsibilities of brokers or real estate agents involved in the leasing process. These provisions ensure transparency and legally bind the parties involved. Below, you will find a breakdown of key components and types of Maine Lease Provisions Relating to Brokers: 1. Brokerage Representation: This provision clarifies the relationship between the broker and the landlord or tenant, stating whether the broker represents the lessor (landlord), lessee (tenant), or acts as a dual agent representing both parties. It outlines the obligation of the broker to act in the best interest of their client while adhering to Maine's real estate laws. 2. Compensation: This provision specifies the amount and structure of the broker's compensation. It details whether the broker receives a commission from the landlord, tenant, or both, and the circumstances under which payment is due, such as upon lease execution or rent commencement. 3. Exclusive Listing: If the broker holds an exclusive listing agreement, this provision prohibits the landlord or tenant from engaging another broker or attempting to lease the property independently during a specific period. It safeguards the broker's efforts and ensures they have an exclusive opportunity to secure a tenant. 4. Non-Interference: This provision prevents the parties from directly contacting each other's brokers without the other party's consent. It maintains the integrity of the leasing process and promotes open communication with the designated brokers. 5. Indemnification: This provision addresses the responsibility of either party to indemnify or compensate the broker for any losses, claims, or damages resulting from their actions or omissions. It protects the broker from potential legal liabilities arising during the lease transaction. 6. Termination and Renewal: This provision outlines the conditions under which the broker's representation or agreement may be terminated. It describes the notice period required and any applicable termination fees. Additionally, it may include provisions addressing the renewal of the broker's services for subsequent lease terms. Types of Maine Lease Provisions Relating to Brokers can vary depending on the specific lease agreement and the preferences of the parties involved. Common variations include: a) Exclusive Tenant Representation Provision: This type of provision ensures that the broker exclusively represents the tenant's interests while searching for suitable lease opportunities. It prevents conflicts of interest and provides the tenant with dedicated representation throughout the leasing process. b) Exclusive Landlord Representation Provision: On the other hand, this provision designates the broker as the exclusive agent working solely on behalf of the landlord. It allows the landlord to leverage the broker's expertise and market knowledge for securing tenants and negotiating favorable lease terms. c) Dual Agency Provision: In cases where the broker represents both the landlord and the tenant, a dual agency provision is included. It clarifies the broker's role as a neutral intermediary, highlighting their duty to facilitate fair and unbiased negotiations between the parties. This provision must comply with Maine's laws on dual agency. In conclusion, Maine Lease Provisions Relating to Brokers are essential elements that protect the rights and clarify the obligations of brokers, landlords, and tenants involved in lease transactions. These provisions ensure transparency, define compensation terms, and address various other aspects integral to the leasing process.

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FAQ

402, Pt. BB, §2 (NEW).] 2. Real estate brokerage. "Real estate brokerage" means a single instance of offering, attempting to conduct or conducting services on behalf of another for compensation, or with the expectation of receiving compensation, calculated to result in the transfer of an interest in real estate.

All exclusive brokerage agreements must be in writing, ing to the Real Estate License Act of 2000. In addition, under the Act, all exclusive brokerage agreements must provide for minimum services.

Written brokerage agreements must include a statement disclosing the real estate brokerage agency's policy on cooperating with and compensating other real estate brokerage agencies in the sale or purchase of real estate.

Let's say one agent introduced the buyer to a property, and the buyer eventually purchased and finalized the sale with a second agent. If the agent claims they were the procuring cause of the sale, this could lead to a procuring cause dispute.

402, Pt. BB, §2 (NEW).] 2. Real estate brokerage. "Real estate brokerage" means a single instance of offering, attempting to conduct or conducting services on behalf of another for compensation, or with the expectation of receiving compensation, calculated to result in the transfer of an interest in real estate.

Listing agreements are employment contracts between the sellers of real estate and real estate brokers for the professional services of the broker. The listing agreement creates an agency and fiduciary relationship between the seller and the broker, with the seller as the principal and the broker as his agent.

What clause allows a broker to collect a commission even after the listing period has expired? A A protection or safety clause provides that a broker may be entitled to a commission if the property sells during a certain period following the termination of the listing agreement.

Associate Broker means a person licensed by the Department of Professional and Financial Regulation to offer, attempt to conduct or to conduct services on behalf of another for compensation which includes, but is not limited to, listing real estate for sale; promoting the purchase, sale or exchange of real estate; ...

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Maine Lease Provisions Relating to Brokers