December 19, 2008
Matthew J. Bester, Trial Attorney
Department of Justice - AntiTrust Division
450 5th Street NW
Washington, D.C. 20001
Dear Mr. Bester:
This letter responds to your request for a response from the Maine
Real Estate Commission to the following question: May a real estate
seller or buyer elect to not have a real estate licensee, who is
providing brokerage services as a transaction broker as set forth
under 32 M.R.S.A. §13283, receive offers in a real estate transaction?
The answer is "yes."
A real estate seller, for example, who chooses to receive limited
brokerage services from a transaction broker, may elect to communicate
with and receive offers from prospective buyers without the involvement
of the transaction broker. A transaction broker would not be subject
to discipline by the Commission in this example.
I trust this response is consistent with your request.
Carol J. Leighton