Maine FSBO Disclosure Requirements (2026)

Maine's Seller's Property Disclosure Form covers the primary requirements. Well and septic disclosure (pervasive in rural Maine), arsenic in groundwater (from Maine's granite bedrock), coastal FEMA flood zones, underground oil tanks, and radon are the dominant Maine-specific disclosure issues.

Maine Disclosure Framework

33 MRSA §173 requires the Maine Seller's Property Disclosure Form. The form covers all major property categories including structural, systems, environmental, and flooding.

Well Water in Maine — Arsenic and Other Concerns

Maine's granite bedrock creates similar groundwater quality challenges to New Hampshire. Naturally occurring arsenic, radon in water, uranium, and other minerals are present in some Maine well water systems, particularly in:

Mandatory testing for well water disclosure:

FHA and VA loans require water quality testing for well-supplied properties. Have results available before listing.

If arsenic exceeds the EPA MCL (10 ppb), buyers will need whole-house filtration. Disclose test results transparently.

Radon in Maine

Maine's granite geology produces radon throughout much of the state. Maine CDC and EPA designate much of Maine as Zone 1 or Zone 2 radon risk. Maine's disclosure form asks about radon. Disclose any air radon testing results.

Note: Maine also has elevated radon-in-water issues (distinct from air radon). Radon in water can off-gas into air during showering. Both air radon and water radon testing may be appropriate for Maine well water properties.

Underground Oil Tanks

Maine's cold winters and old housing stock combine to create significant UST prevalence in properties built before the 1980s natural gas expansion. Maine DEP (Maine Department of Environmental Protection) regulates USTs and maintains spill records.

Disclose any UST history. Maine DEP SARA (Substance Assessment, Remediation, and Assistance) program records are searchable. Buyers' attorneys will search Maine DEP records.

Coastal Flood Zone Disclosure

Maine's coast — from Kittery through Portland, Rockland, Bar Harbor, and Eastport — has extensive FEMA flood zone properties. Coastal flooding from nor'easters and occasional hurricanes (Dorian 2019 brushed Maine) affects shoreline and low-lying coastal properties.

Check msc.fema.gov for your current flood zone. Provide FEMA zone information proactively to coastal property buyers — flood insurance costs are material.

Seasonal Property Disclosure

Maine has a large vacation and seasonal property market — lakefront camps, coastal cottages, and inland seasonal homes. Seasonal property disclosure:

Maine Transfer Tax

$2.20 per $500 consideration ($4.40/$1,000) total, split equally. Each party pays $1.10/$500 ($2.20/$1,000). On $395,000: approximately $869 seller cost.