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Tom and Linda are selling their waterfront camp on a great pond in Maine. Their broker, Janet, is preparing the purchase and sale agreement. The buyers are from Massachusetts and plan to use the property as a vacation home. Janet knows the property is within 250 feet of the water. Which of the following provisions is MOST important for Janet to ensure is addressed in the purchase and sale agreement?

Correct Answer

B) A clause acknowledging the property's shoreland zoning status and applicable restrictions

Under Maine's Shoreland Zoning Act (38 M.R.S. §§ 435–449), properties within 250 feet of great ponds, rivers, tidal areas, and wetlands are subject to strict development restrictions including setback requirements, vegetation buffer rules, and limitations on impervious surfaces. Because this property sits on a great pond and is within the shoreland zone, Janet must ensure the purchase and sale agreement addresses the shoreland zoning status and restrictions. This is a Maine-specific disclosure and contractual obligation critical to waterfront transactions.

Answer Options
A
A clause confirming the buyers have obtained pre-approval for a vacation home mortgage
B
A clause acknowledging the property's shoreland zoning status and applicable restrictions
C
A clause requiring the buyers to establish Maine residency within 12 months of closing
D
A clause confirming the sellers have paid all outstanding property taxes prior to closing

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Related Topics & Key Terms

Key Terms:

shoreland_zoningwaterfront_propertypurchase_and_sale_agreementdisclosure_obligationgreat_pond

Related Concepts

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

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