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Maine · TitleMaine private transfer fees: void going forward, and disclosed in the contract when older ones exist

Maine defines a private transfer fee as a fee or charge payable on the transfer of an interest in real property, fixed or based on value or price, and excludes the purchase price itself, broker commissions, lender charges, lease charges, option waiver payments, government fees and taxes, and association assessments, among others (33 M.R.S. §163(1)). A private transfer fee obligation recorded or entered into after the section took effect (PL 2011, c. 200) doesn't run with the title, isn't binding on later owners, purchasers or mortgagees, and is void and unenforceable (§163(2)); the person who imposed it is liable for all resulting damages, including any fee paid and attorney's fees (§163(3)). For property subject to an obligation, the sale contract must disclose its existence and describe it; otherwise the seller can't enforce the contract and the buyer gets back any deposit (§163(5)(A)). A buyer who learns of an undisclosed obligation after closing may recover damages from the seller, including the fee paid, the loss in market value and attorney's fees, and contract waivers of these rights are void (§163(5)(B)–(C)).

What the statutes set

  1. Void (§163(2))

    Obligations recorded or made after the 2011 law don't run with the land.

  2. Liability (§163(3))

    Whoever imposes one owes all resulting damages and fees.

  3. Contract disclosure (§163(5)(A))

    Required for property subject to an obligation; otherwise the deposit is returned.

  4. After closing (§163(5)(B)–(C))

    Buyer recovers damages from the seller; waivers are void.

What the TC checks on a Maine property for transfer fees

  • Search the title commitment for any covenant or declaration requiring a fee on resale.
  • Send any such covenant to the title company and the parties' attorneys before the objection deadline.
  • Don't add a private transfer fee to the settlement statement without the title company's sign-off.

Questions about Maine private transfer fees

Are private transfer fees legal in Maine?

Obligations recorded or entered into after the 2011 law are void and unenforceable (33 M.R.S. §163(2)).

What if a Maine seller doesn't disclose a transfer fee?

The seller can't enforce the contract and the buyer gets the deposit back; after closing the buyer can recover damages (33 M.R.S. §163(5)).

Related guides

Track the title review and any transfer fee disclosure as tasks on the deal in ClosingCode.

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Source: 33 M.R.S. §163 (legislature.maine.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.