All real estate consumers and agents will be affected by the July 1, 2005 changes in the rules affecting Massachusetts real estate agency. The Massachusetts state "Agency Disclosure Form" that agents are required to provide to consumers has also changed.

The rules, processes and customs that govern real estate in Massachusetts are different than in many other states.  Click Here to learn about "The Massachusetts Difference".

What is real estate agency and why is it important to you?

Real estate agency rules govern the way that agents and their agencies operate and interact with consumers. The new rules have created different types of potential relationships between agents, agencies and consumers that change some responsibilities and liabilities for agents, add some disclosure requirements and reduce or eliminate other disclosures.

It is important to understand that the type of relationship that a consumer has with a real estate agent and their real estate agency can affect the degree of information, advocacy and confidentiality that the consumer receives.

To be sure you get the degree of service that you want from both your agent and agency, and most importantly, to be sure the level of service you expect will not change in the middle of your real estate transaction, invest the time to learn about all of the relationship options available to you and how they can each affect your buying or selling experience.

What types of relationships can you have with a real estate agent and agency?

Massachusetts' real estate agents can work with consumers as Seller's Agents, Buyer's Agents, Dual Agents, Designated Agents and Facilitators. (Facilitators do not provide the services of true agents, but are governed and licensed by the state as agents.)

"Designated agency" is a form of "dual agency" in Massachusetts.

Undisclosed "dual agency” is not legal in Massachusetts.

What is the Agency Disclosure Form and how does it affect you?

The statute requires that the Agency Disclosure Form is presented to the consumer by ALL real estate agents at "the first personal meeting to discuss property" (except open houses), so that the consumer is fully informed about the type of relationship that they may be entering into with that agent and agency.

NOTE: Some firms are not presenting this disclosure to consumers in a timely manner.

Some firms have changed the form from the original as posted on the Massachusetts state website.

To be sure that you are fully informed, click here to download the official "2005 Disclosure Form" from the state website in Adobe® PDF format. Then, compare this form to the one the agent gives you at your first personal meeting to discuss a specific property, including a listing presentation by an agent that seeks to list your property for sale with his or her agency.

How can you protect yourself in a real estate transaction?

If you want a real estate agent to work hard for you, protect your interests, safeguard your deposit from loss and guarantee that your transaction will be free of potential conflicts of interest, then you need to establish the correct written relationship with an experienced "Uncompromised Real Estate Representative” as soon as possible.

How can you learn more or get answers to specific agency questions?

If you have any questions, our principal broker is an expert on Massachusetts' agency relationships and would be happy to answer any questions that you might have.

Please feel free to contact us for answers to any real estate agency questions that you might have.