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Maine · 33 M.R.S. §174Maine property disclosure statement: the 72-hour rule

In Maine the seller of a one-to-four unit home gives the buyer a property disclosure statement no later than the time the buyer makes an offer (33 M.R.S. §174). If it is delivered after the offer, the buyer may terminate the contract or withdraw the offer within 72 hours after receiving it, without penalty and with the deposit returned; the right ends at settlement or occupancy, whichever is earlier. The statement covers water supply (including tests that detect PFAS), heating and waste disposal, among other items.

The rules

  1. When (§174(1))

    No later than when the buyer makes an offer to purchase, exchange or option the property, or exercises a lease option.

  2. 72 hours (§174(2)–(3))

    Delivered after the offer: the buyer may terminate the contract or withdraw the offer within 72 hours after receipt, without penalty; any deposit is promptly returned.

  3. End of the right (§174(4))

    Waived if not used before settlement or occupancy, whichever is earlier (settlement for a lease-option purchase).

  4. Supplements (§175)

    If before settlement or occupancy the seller learns of an error or omission, it gives a written supplemental disclosure.

What the statement covers (§173, selection)

  • Water supply: type, location, malfunctions, latest test and problems – including a test that detects PFAS.
  • Heating: type, age, service company, last service, annual fuel use, malfunctions in 2 years, last chimney and vent inspection.
  • Waste disposal: type of system and, if private, its details.
  • Information the seller does not know can be marked as unknown (§176).

What the TC tracks

  • The statement delivered with or before the offer.
  • If later: the delivery time and the 72-hour window – counted in hours.
  • Supplemental disclosures before settlement or occupancy.

Questions about the Maine disclosure

When must the Maine property disclosure statement be delivered?

No later than the time the buyer makes an offer (33 M.R.S. §174(1)).

How long does a Maine buyer have to back out after a late disclosure?

72 hours after receiving the statement, without penalty and with the deposit returned (§174(2)–(3)).

Does the Maine disclosure ask about PFAS?

Yes. The water supply section asks whether a water test detected perfluoroalkyl and polyfluoroalkyl substances (§173(1)(E)).

When does the Maine 72-hour right end?

It is waived if not used before settlement or occupancy, whichever is earlier (§174(4)).

Is the Maine disclosure a warranty?

No. The statute says it is not a warranty and not part of the contract (§176).

Related guides

Record the exact delivery time of the disclosure and add the 72-hour window as a dated task on the deal in ClosingCode.

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Source: Maine Revised Statutes Title 33, §§171–178 (legislature.maine.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.