Broker Dana is representing a buyer, Carlos, who is purchasing a lakefront lot in Maine. The lot has an existing nonconforming dock structure located only 50 feet from the normal high-water line of a great pond. The seller did not mention the dock's nonconforming status. After reviewing municipal records, Dana discovers that under the local shoreland zoning ordinance, docks must be set back at least 75 feet from the high-water line. Carlos plans to expand the dock after closing. Which of the following most accurately describes Dana's obligations and Carlos's likely situation?
Correct Answer
A) Dana must disclose the nonconforming status to Carlos; expanding the dock would likely require a variance and could be denied because shoreland zoning ordinances typically restrict the expansion of nonconforming structures.
Under Maine's Shoreland Zoning Act (38 M.R.S. §§ 435–449) and Maine's real estate brokerage duties, Dana as a buyer's agent has an obligation to disclose material facts that affect the property's value or use — including a known zoning nonconformity. The nonconforming dock (at 50 feet, below the 75-foot minimum) is a legally nonconforming structure. Maine shoreland zoning ordinances, consistent with state minimum standards, generally prohibit the expansion of nonconforming structures within the shoreland zone or require a variance from the local planning board. Carlos's plan to expand the dock is therefore not a matter of right and could be denied. Dana must inform Carlos of this limitation so he can make an informed purchasing decision.
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