January 17, 2025

PROPERTY DISCLOSURE REMINDER -SHORELAND ZONING VIOLATIONS:

by Hannah McMullen, MAR Legal Counsel

Public Law Chapter 602 (LD 2101) An Act to Strengthen Shoreland Zoning Enforcement, enacted August 9, 2024, requires sellers of residential property to disclose any actual or alleged violations of shoreland zoning ordinances including those that are imposed by the state or the municipality. This information was added to the existing MAR Property Disclosure form in September and the question should be answered on the form for all residential transactions. Please note that the Property Disclosure 2024 Addendum (Shoreland Zoning Violation), initially created for pending transactions when the law change became effective, will be phased out of the Zipform library in January 2025.

Q. What has changed on the Property Disclosure form?

A. The updated language can be found in Section VII – General Information:

“Are there any actual or alleged violations of a shoreland zoning ordinance including those that are imposed by the state or municipality?                  Yes/No/Unknown

If Yes, explain:___________________________________________________”

Q. How to answer the new disclosure question?

A.

-Check “No” if the property is not located in the shoreland zone or there are no actual or alleged violations.

-Check “Yes”: If the property is located in the shoreland zone and there are actual or alleged violations, check “Yes” and provide a detailed explanation of those violations in the space provided or attach supplemental documentation if needed (additional space is available in Section VIII as well).

Q. Where can agents find out information about shoreland zoning violations?

A. If you or your clients have questions about a property’s shoreland zoning status and whether there are any actual or alleged violations, please check with the local Code Enforcement Officer where the subject property is located. In addition, a list of state-imposed shoreland zoning ordinances can be found on the Maine Department of Environmental Protection’s website Shoreland Zoning, Bur. of Land & Water Quality, Maine Department of Environmental Protection. If you have any questions about the information on the Maine DEP’s website or about property specific violations for those towns with state-imposed ordinances, please contact the Maine DEP Shoreland Zoning Unit also listed on the Maine DEP website.  

FAIR HOUSING / ANTI-BIAS TRAINING REQUIREMENT:

Effective January 1, 2025, all REALTORS® are now required to complete fair housing/anti-bias training in addition to Code of Ethics training. These training courses must be completed between January 1, 2025 and December 31, 2027. Learn more about this new membership requirement...

NAR has developed a NO COST, self-paced, two-hour course (no CE) called Fairhaven 2.0 to help members fulfill this membership requirement. Upon completion of this online course, your NAR member record will automatically update to reflect compliance. Learn more about Fairhaven 2.0

We expect 3-hour continuing education courses to be offered over the coming years, which will also fulfill the fair housing / anti-bias training membership requirement. 

HOMESTEAD EXEMPTION:

The homestead exemption provides a reduction of up to $25,000 in the value of a home for property tax purposes. To qualify, the applicant must be a permanent resident of Maine, the home must be the applicant’s permanent residence, the applicant must have owned a home in Maine for the twelve months prior to applying, and an application must be filed on or before April 1 with the municipality where the property is located (only need to file once). Learn more and share this link with your clients

CALIFORNIA WILDFIRES DISASTER RELIEF:

The impact (so far) of the southern California wildfires include 35,000+ acres burned with thousands of structures, many of them homes, damaged or destroyed, and tens of thousands of evacuations in place. If you would like to provide financial assistance, both the California Association of REALTORS® and NAR’s REALTORS® Relief Foundation are trusted sources to support families and communities as they rebuild:

California Association of REALTORS® Disaster Relief Fund

NAR’s REALTOR® Relief Foundation

MAINE PAID FAMILY AND MEDICAL LEAVE:

In July 2023, the State of Maine Legislature passed a budget that included the creation of a paid family and medical leave program, making Maine the 13th state to establish one. Beginning in 2026, eligible workers in the private and public sector will have 12 weeks of paid time-off available to them for family or medical reasons including illness, to care for a relative, or for the birth of a child.

Starting with the first payroll with a pay date in January 2025, any employer with at least one Maine-based employee has obligations under Maine’s new Paid Family and Medical Leave (PFML) law.

Employers should take immediate actions to prepare by following the steps on this one-pager

Self-employed persons can be eligible for Maine PFML. Check out the FAQ’s at this link for program details

Stay up to date by signing up for the PFML Get Notified List and learn more in the Maine DOL FAQ, employer resources, recorded demonstrations, and step by step guides on the Maine DOL website.

2025 HOLIDAY SCHEDULE:

Defined in paragraph 23 of the Purchase and Sale Agreement (and Addenda): "days in this Agreement, including all addenda made a part hereof, shall mean business days defined as excluding Saturdays, Sundays and any observed Maine State/Federal holidays". The Maine State Holiday list is inclusive of all federal holidays. As always, the best approach to any confusing holiday is to communicate both with your client and the agent for the other side to be sure you have all counted the same way and have the same expectations.

Here’s the holiday schedule for 2025

HOLIDAY HOURS: 

The MAR and Maine Listings offices will be closed on Monday, January 20 for the Martin Luther King, Jr. holiday. The Maine Listings Member Success Team will monitor the systems over the holiday weekend. If you notice any issues, please email help@mainelistings.com

Learn more about the legacy of Martin Luther King, Jr. and the holiday honoring his work to end racial segregation 

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