First of Me. Commodities v. Dube

In First of Me. Commodities v. Dube, 534 A.2d 1298 (Me. 1987), the Law Court held that "because by statute the Maine Real Estate Commission extensively regulates brokers' activities, including the execution of exclusive listing agreements, such activities fall outside the scope of Maine's Unfair Trade Practices Act and Consumer Solicitation Sales Act." Id. at 1302. The Law Court reached this holding based on a two-pronged analysis. First, the court noted that the UTPA contains the following exemption from its scope: Nothing in this chapter shall apply to: Regulatory boards. Transactions or actions otherwise permitted under laws as administered by an regulatory board or officer acting under statutory authority of the State or the United States; . . .Id. at 1301 (citing 5 M.R.S.A. 208(1)). Next, the court observed that "under the statutory authority of the State of Maine, the Maine Real Estate Commission regulates the sales efforts of licenses brokers. The Commission may investigate and penalize licensed brokers who violate the numerous statutory restrictions on their activities. . These restrictions include standards for listing agreements of the type at issue in this case." Id.