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