LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
585
APRIL 2, 2024 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 863 - L.D. 2035
An Act Regarding Disclosure of Flood Risk by Sellers of Real Estate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 33 MRSA §173, sub-§5, as amended by PL 2017, c. 181, §2, is further
amended to read:
5. Known defects. Any known defects; and
Sec. 2. 33 MRSA §173, sub-§6, ¶B, as enacted by PL 2017, c. 181, §3, is amended
to read:
B. Any means other than a public way, in which case the seller shall disclose
information about who is responsible for maintenance of the means of access, including
any responsible road association, if known by the seller.; and
Sec. 3. 33 MRSA §173, sub-§7 is enacted to read:
7. Flood hazard. Information regarding potential flood risks, including:
A. Whether, at the time the seller provides the information to the purchaser, the
property is located wholly or partly within an area of special flood hazard mapped on
the effective flood insurance rate map issued by the Federal Emergency Management
Agency on or after March 4, 2002; the federally designated flood zone for the property
indicated on that flood insurance rate map; and a copy of the relevant panel of that
flood insurance rate map. For the purposes of this paragraph, "area of special flood
hazard" has the same meaning as in Title 38, section 436-A, subsection 1-C;
B. Whether, during the time that the prospective seller has owned the property:
(1) Any flood events affected the property or a structure on the property;
(2) Any flood-related damage to a structure occurred on the property;
(3) Any flood insurance claims were filed for a structure on the property and, if
so, the date of each claim; and
(4) Any past disaster-related aid was provided related to the property or a structure
on the property from federal, state or local sources for the purposes of flood
recovery and, if so, the date of each payment; and
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 C. For the purposes of this subsection, "flood" means:
(1) A general and temporary condition of partial or complete inundation of
normally dry areas from:
(a) The overflow of inland or tidal waters; or
(b) The unusual and rapid accumulation or runoff of surface waters from any
source; or
(2) The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event that results in flooding as
described in subparagraph (1), division (a).
Sec. 4. 33 MRSA §193, sub-§3, ¶B, as enacted by PL 2019, c. 142, §2, is amended
to read:
B. Any means other than a public way, in which case the seller shall disclose
information about who is responsible for maintenance of the means of access, including
any responsible road association, if known by the seller.; and
Sec. 5. 33 MRSA §193, sub-§4 is enacted to read:
4. Flood hazard. Information regarding potential flood risks, including:
A. Whether, at the time the seller provides the information to the purchaser, the
property is located wholly or partly within an area of special flood hazard mapped on
the effective flood insurance rate map issued by the Federal Emergency Management
Agency on or after March 4, 2002; the federally designated flood zone for the property
indicated on that flood insurance rate map; and a copy of the relevant panel of that
flood insurance rate map. For the purposes of this paragraph, "area of special flood
hazard" has the same meaning as in Title 38, section 436-A, subsection 1-C;
B. Whether, during the time that the prospective seller has owned the property:
(1) Any flood events affected the property or a structure on the property;
(2) Any flood-related damage to a structure occurred on the property;
(3) Any flood insurance claims were filed for a structure on the property and, if
so, the date of each claim; and
(4) Any past disaster-related aid was provided related to the property or a structure
on the property from federal, state or local sources for the purposes of flood
recovery and, if so, the date of each payment; and
C. For the purposes of this subsection, "flood" means:
(1) A general and temporary condition of partial or complete inundation of
normally dry areas from:
(a) The overflow of inland or tidal waters; or
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 (b) The unusual and rapid accumulation or runoff of surface waters from any
source; or
(2) The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event that results in flooding as
described in subparagraph (1), division (a).
Sec. 6. 33 MRSA §194 is enacted to read:
§194. Delivery and time of disclosure; cancellation of contract
1. Definition. As used in this section, "flood risk disclosure statement" means a
statement containing, at minimum, the information required by section 193, subsection 4.
2. Delivery and time of disclosure. The seller of nonresidential real property under
this subchapter shall deliver or cause to be delivered a flood risk disclosure statement to
the purchaser no later than the time the purchaser makes an offer to purchase, exchange or
option the property or exercises an option to purchase the property pursuant to a lease with
an option to purchase.
3. Terminate contract. If the seller does not deliver or cause to be delivered a flood
risk disclosure statement to the purchaser before the purchaser makes an offer or exercises
an option in accordance with subsection 2, the purchaser may terminate any resulting real
estate contract or withdraw the offer within 72 hours after receipt of the flood risk
disclosure statement.
4. Withdrawal without penalty. If the purchaser terminates a real estate contract or
withdraws an offer pursuant to this section, the termination or withdrawal is without
penalty to the purchaser and the seller shall promptly return to the purchaser any deposits
made by the purchaser.
5. Rights waived. Any rights of the purchaser to terminate a real estate contract
provided by this section are waived conclusively if not exercised prior to settlement or
occupancy, whichever is earlier, by the purchaser in the case of a sale or exchange, or prior
to settlement in the case of a purchase pursuant to a lease with an option to purchase. Any
rights of the purchaser to terminate a real estate contract for reasons other than those set
forth in this section are not affected by this section.
6. Invalidated. A transfer subject to this subchapter is not invalidated solely because
of the failure of any person to comply with this subchapter.
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Statutes affected:
Bill Text LD 2035, SP 863: 33.173, 33.193
Bill Text ACTPUB , Chapter 585: 33.173, 33.193