1. 02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

   039 REAL ESTATE COMMISSION

   1. Chapter 390: LICENSING PROCEDURES AND REQUIREMENTS FOR INDIVIDUALS AND AGENCIES

Summary: This chapter establishes the procedures and requirements for the different types of licenses issued by the Commission.

SECTION 1. Individual Licenses

This section sets forth the requirements for individual licensure in addition to those set forth in Title 32, Chapter 114 of the Maine Revised Statutes.

1. 1. Real Estate Broker/Designated Broker

1. An individual may qualify for a real estate broker license if:

1. The applicant submits an application approved by the Director with the required fee;
2. The applicant has been licensed as an associate broker and affiliated with a real estate brokerage agency for two (2) years within the five (5) years immediately preceding the date of license application and submits the Designated Broker’s Authorization of Agency Affiliation form with their application. An individual may not submit their application any sooner than thirty (30) days prior to the expiration date of their initial associate broker license term; and
3. The applicant completed the Broker/Designated Broker Course with a minimum final grade of 75% and submitted a course completion certificate (valid for one year from the course completion date).

1. A licensed real estate broker may act as a designated broker for an agency and, as such, is responsible for the actions of the agency and its associates or employees as set forth in Chapter 400 of Commission rules.

1. 1. Associate Real Estate Broker

1. An individual may qualify for an associate real estate broker license if:

1. The applicant submits an application approved by the Director with the required fee;
2. The applicant has been licensed as a real estate sales agent and affiliated with a real estate brokerage agency for two (2) years within the five (5) years immediately preceding the date of license application and submits the Designated Broker’s Authorization of Agency Affiliation form with their application. An individual may not submit their application any sooner than thirty (30) days prior to the expiration date of their sales agent license term;
3. The applicant completed the Associate Broker Course with a minimum final grade of 75% and submitted a course completion certificate; and
4. The applicant submits a course completion certificate demonstrating satisfactory completion of a core course approved by the Commission.
5. Real Estate Sales Agent
6. An individual may qualify for a real estate sales agent license if the applicant submits:
   1. 1. 1. An application approved by the Director with the required fee within one (1) year of the date of passing the examination set forth in Paragraph B with a minimum grade of 75%; and
         2. The Designated Broker’s Authorization of Agency Affiliation form.
7. An individual may sit for the sales agent license examination if the applicant completed the Sales Agent Course with a minimum final grade of 75% and submitted the course completion certificate to the examination vendor.

1. An applicant must take and pass the examination within one (1) year of successful completion of the course.

1. 1. Course Completion Certificate

Course completion certificates shall include, at a minimum, the following information:

1. A. Title of course;
2. B. Date of completion of course;
3. C. Numeric grade received; and
4. D. Signature of the authorized official. Electronic signatures are acceptable.

1. 1. Criminal History Records of Applicant

In determining eligibility for a license the Commission, in accordance with Title 5, Chapter 341 of the Maine Revised Statutes, may take into consideration criminal history records of the applicant. As part of the application, the applicant will be asked to submit a fee so that the State Bureau of Identification background check can be performed on the basis of the individual’s name(s) and date of birth.

1. 1. Disciplinary Actions

1. For all levels of licensure, applicants must indicate whether disciplinary action has been taken against any professional or occupational license that they hold, or have ever held, and provide a copy of the documentation regarding the disciplinary action(s) taken against them.

1. 1. Letters of Good Standing

1. For all levels of licensure, applicants must submit letters of good standing from each state which they now hold, or have ever held, a real estate license.

1. 1. Applying on the Basis of Licensure in Another Jurisdiction

1. An individual may apply for licensure on the basis of a similar active license in good standing if:

A. The applicant submits an application on a form approved by the Director with the required fee;

1. B. The applicant holds a similar active license in another state or jurisdiction at the time the application is made for the Maine license. The only acceptable evidence that the applicant holds an active license in good standing is a certificate of licensure issued by the licensing jurisdiction that evidences the type of license held, the date of original licensure and a statement indicating that any complaints against the applicant have been resolved to the satisfaction of the agency;
   1. C. The applicant passed a Maine jurisprudence examination within one (1) year prior to applying for a Maine license; and
      1. D. The applicant submits the Designated Broker’s Authorization of Agency Affiliation form with their application.

1. 1. Extension of the Sales Agent License

The sales agent license is a two-year nonrenewable license. The sales agent license term may be extended for one (1) year, subject to the sole discretion of the Director. A request for an extension shall be made in writing and shall include an explanation and any supporting documentation of the extenuating circumstance necessitating the extension. The request shall be accompanied by the required fee and this fee shall be retained whether or not the extension is granted.

1. 1. Renewal of License More Than Ninety (90) Days Beyond Expiration

1. Any applicant for license renewal whose license has lapsed more than ninety (90) days may reinstate the license by paying the late fee and passing a written jurisprudence examination covering Maine real estate laws. The application must be submitted within one (1) year of passing the jurisprudence examination. This subsection does not apply to individuals who hold an expired sales agent license.

1. 1. Inactive Associate Broker or Inactive Broker License

1. An associate broker or real estate broker who wants to preserve a license while not engaged in brokerage activity may apply for inactive status.

1. To qualify for inactive status, the licensee must:

Submit a change of license application and the change of license application fee.

If the licensee is changed to inactive status at the time of renewal of an active license, submit the license renewal fee.

1. Change of status does not change the original license expiration date, and the inactive license must be renewed every two (2) years thereafter.
2. At any time, to change a license from inactive to active status, a licensee may submit a change of license application and fee after passing a written jurisprudence examination covering Maine real estate laws. The change of license application must be submitted within one (1) year of passing the jurisprudence examination.

1. In the alternative, licensees who are inactive for less than six (6) years who wish to return to active status have the option to instead complete Commission-approved continuing education clock hours as follows:
   1. Inactive up to 2 years: The licensee must complete 21 clock hours of continuing education courses (including a Commission approved core course) within the previous biennium.
      1. Inactive more than 2 years but less than 4 years: The licensee must complete 28 clock hours of continuing education courses (including a Commission approved core course) within the previous biennium.
         1. Inactive more than 4 years but less than 6 years: The licensee must complete 36 hours of continuing education courses (including a Commission approved core course) completed within the previous biennium.

SECTION 2. Agency Licenses

1. Real Estate Brokerage Agency

To qualify as a licensed real estate brokerage agency, an applicant must:

1. Submit an application approved by the Director with the required fee;
2. Indicate whether the agency intends to do business under a trade name as authorized by 32 M.R.S. § 13176, which may not be similar to an existing agency already licensed by the Commission;
3. Appoint a Maine-licensed real estate broker to serve as the designated broker. Every real estate broker agency must have a designated broker. While a designated broker may act as a designated broker for more than one licensed real estate brokerage agency, they may only practice real estate brokerage and receive brokerage compensation from one agency;
4. Have a fixed and definite place of business;
5. Establish and maintain a federally insured trust account in a financial institution authorized to do business in Maine;
6. Provide a Federal Employer Identification Number (FEIN), or, if the agency is an individual proprietorship, a social security number;
7. If applicable, the business entity number issued by the Maine Secretary of State;
8. If applicable, file a list of officers of the particular business entity;
9. Any agency holding a real estate license in another state must be in good standing with the licensing authority in its home state and must provide letters of good standing from every state where the agency holds a license; and
10. Disclose whether the agency, the designated broker or, if applicable, any of the applicant agency’s members, officers or directors have ever been convicted by any court of any offense or whether any jurisdiction had taken disciplinary action against this agency and if so, provide supporting documentation.

2. Real Estate Brokerage Branch Office

To qualify as a licensed real estate brokerage branch office, an applicant must:

1. Submit an application approved by the Director with the required fee;
2. Have a fixed and definite place of business.

3. Reporting New Designated Brokers

An agency which changes its designated broker shall report such a change to the Director as required by 32 M.R.S. § 13195.

4. Renewal of License Up to Ninety (90) Days Beyond Expiration

An agency license may be renewed up to ninety (90) days after expiration by complying with all requirements for renewal and payment of a late fee. A license cannot be renewed after ninety (90) days and a new application must be submitted.

1. STATUTORY AUTHORITY: 32 M.R.S. §§ 13065, 13172, 13173, 13175, 13176, 13178, 13182, 13191, 13194, 13195, 13196, 13198, 13199, 13200

   EFFECTIVE DATE:

   AMENDED:

April 17, 1989 - Section 4

April 1, 1994 - Section 4

1. EFFECTIVE DATE (ELECTRONIC CONVERSION):

October 22, 1996

1. AMENDED:

August 5, 2002 - Sections 1, 2 and 3 repealed, remaining sections renumbered

July 1, 2006 – filing 2006-191

October 13, 2009 – filing 2009-546

1. APAO ACCESSIBILITY CHECK: October 17, 2025 (no issues detected)

   REPEALED AND REPLACED:

   October 26, 2025 – filing 2025-209