When buying real estate in Massachusetts, it is required for real estate brokers and salespersons to have the buyer sign an Agency Disclosure - Agency Relationship form.|
The purpose of this disclosure is to enable you to make informed choices before working with a real estate licensee. This form must be provided at the first personal meeting that you have with an agent to discuss a specific property. THIS IS NOT A CONTRACT. It is a disclosure notice for your information and protection. BE SURE TO READ THE DESCRIPTIONS OF THE DIFFERENT TYPES OF AGENCY REPRESENTATION. A copy of this form should go to the prospective customer/client, to the Broker/Salesperson and one for the real estate agency's records.
- Whether you are the buyer or the seller you can choose to have the advice, assistance and representation of your own agent. Do not assume that a broker is acting on your behalf unless you have contracted with that broker to represent you.
- All real estate licensees must, by law, present properties honestly and accurately.
- If you are a seller you may authorize your listing agent to cooperate with agents from other firms to help sell your property. These cooperating agents may be subagents who work for the sellers' or buyers' agents.
- If you are the buyer you have the option of working with the sellers' or buyers' agents. The decision will depend on the types of services you want from a real estate agent. A buyer should tell the sellers' agents, including subagents, only what he/she would tell the seller directly.
The duties of a real estate licensee do not relieve the consumer of the responsibility to protext his/her own interest. Consumers with questions on whether and how real estate agents share fees should pose them to the agent. If you need advice for legal, tax, insurance or other matters, it is your responsibility to consult a professional in those areas.
I have provided this disclosure for to: ______________________________
I have informed the above named consumer that I am a:
Check One ___ Sellers' Agent ___ Buyers' Agent
________________________________ _____________ ____________, ________
(Signature of Real Estate Agent) (License #) (Month) (Day) (Year)
I have read this agency disclosure form in its entirety. I understand that this form is for agency disclosure AND NOT A CONTRACT. It was provided to me by the agent named above.
________________________________ ____________, ________
(Signature of Consumer) (Month) (Day) (Year)
As a consumer I decline to sign this form.
(Name of Consumer)
TYPES OF AGENCY REPRESENTATION
When a seller engages the services of a listing broker that seller becomes the broker's client. This means the broker, and its subagents represent the seller. They owe the seller undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. They must put the seller's interest first and negotiate for the best price and terms for their client, the seller. (The seller may also authorize subagents to represent him/her in marketing its property to buyers.)
When a buyer engages the services of a broker then that buyer becomes the broker's client. This means the broker represents the buyer. The broker owes the buyer undivided loyalty, utmost care, disclosure, obedience to lawful instruction, confidentiality and accountability. The broker must put the buyer's interest first and negotiate for the best price and terms for their client, the buyer. (The buyer may also authorize subagents to represent his/her in locating property.)
DISCLOSED DUAL AGENT
A broker can work for both the buyer and seller on the same property provided such broker obtains the informed consent of both parties. The broker is then considered a disclosed dual agent. This broker owes the seller and the buyer a duty to deal with them fairly and honestly. In this type of agency relationship the broker does not represent either the seller or the buyer exclusively and they cannot expect the broker's undivided loyalty. Also undisclosed dual agency is illegal.