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Real Estate

Buying a Home in Maine: A Legal Checklist

A plain-English legal checklist for buying a house in Bangor or anywhere in Maine, from the purchase agreement to title, disclosures, and closing day.

Buying a house is exciting, and it’s also the biggest contract most people ever sign. Here’s a checklist of the legal pieces, in roughly the order they come up, for buyers in Bangor and the rest of Maine.

1. Read the purchase and sale agreement before you sign

The purchase and sale agreement is the contract. It sets the price, the closing date, and what has to happen before you’re obligated to buy. Pay close attention to:

  • Contingencies for financing, inspection, and appraisal, and their deadlines
  • What’s included, like appliances, the woodstove, or the shed
  • What happens if the deal falls apart, and who keeps the deposit

Once it’s signed, changing it takes both sides agreeing. It’s worth having a lawyer look at it first, especially on a for-sale-by-owner deal.

2. Read the seller’s disclosures

Maine sellers have to give buyers written disclosures about things like the water supply, the septic or sewer system, heating, and known hazards such as radon or lead paint. Read them closely, and ask about anything that’s vague. “Unknown” is a common answer, and it’s worth following up on.

3. Get the inspections

A general home inspection is standard. In Maine, buyers also commonly test for radon in the air and water, test well water quality, and have the septic system inspected. These are a lot cheaper than finding a problem after you move in.

4. Check the title

The title search looks back through the records at the county registry of deeds to make sure the seller actually owns the property and can sell it free of other claims. In this part of Maine, it often turns up:

  • Old mortgages that were paid off but never discharged on the record
  • Liens for unpaid taxes or contractor bills
  • Gaps where a previous owner died and the estate was never probated
  • Easements or rights-of-way that affect how you can use the land

Most of these can be cleared before closing. Title insurance protects you against problems that weren’t found.

5. Know the land rules

If the property is on a lake, river, or the coast, Maine’s shoreland zoning rules limit how close you can build to the water and how much you can expand. Rural land may be in a tax program that carries a penalty if you change its use. Make sure the property actually has legal access to a road.

6. Closing day

At closing you’ll sign the mortgage documents, the deed transfers to you, and the money changes hands. You’ll also see the Maine real estate transfer tax, which is split between buyer and seller. Bring ID, ask questions, and don’t sign anything you don’t understand.

7. After closing

The deed gets recorded at the registry of deeds. Keep your copy of the deed, the title insurance policy, and the closing statement somewhere safe.

Help from a Bangor real estate lawyer

Gray & Palmer began as a real estate practice in 1983, and we’ve handled closings and title work across Bangor, Brewer, and the surrounding towns ever since. We’ll review your agreement, run the title, and walk you through closing.

Call (207) 945-5502 or visit our real estate page. For the bigger picture, see When You Need a Real Estate Lawyer in Maine.

This article is general information about Maine law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship. If you have a specific question, call us at (207) 945-5502.

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