By Joseph Autilio, Executive Director, Massachusetts of Registration of Real Estate Brokers and Salespersons
Q. How long is a salesperson’s work affiliation valid?
A. Its valid for two years, but several points need to be clear.
You must have at least three years of full-time work affiliation with a
Massachusetts broker before you can become a real estate broker, effective last June 1, 2011. Fulltime work is defined in the Board’s regulations as 25 hours per week.
The salesperson’s work affiliation with a broker only counts if the salesperson’s license is current. Moreover, the broker with whom you are affiliated must also have a current license. The current license for the salesperson and broker must also be “active,” meaning each has completed the required 12 hours of continuing education for their license term.
Remember that while an agent may refrain from doing continuing education and renew their license as “inactive,” the inactive agent is–for purposes of the licensing law–considered unlicensed (See: Mass. Gen Laws Chapter 112, Section 87XX 1/2). Therefore, if a salesperson is working with an “inactive” license they are in violation of the licensing law and certainly not gaining work experience which can be used to become a broker.
If a licensed, “active” salesperson is affiliated with a licensed, “active” broker and has acquired at least three years of full-time work with the broker, then the salesperson can become a licensed broker; this is provided the salesperson completes the requisite broker pre-licensing education and passes the relevant broker examination. That salesperson’s work experience can be used for up to two years if the salesperson stops working, lets their license expire, or renews the license as “inactive.” (See: 254 CMR 2.00(6)(c)). Naturally, the two-year limit to using previously acquired work experience does not apply if a licensed, “active” salesperson
continues to be affiliated with a licensed, “active” broker.
The Board is mindful that understanding the use of work experience can be complex and is not an issue in the overwhelming majority of situations where
licensed, “active” salespeople, with the requisite three-year experience,
continue to be affiliated with a licensed “active” broker.
Q. If I obtained my Mass. license through reciprocity, must I complete the state’s continuing education?
A. No. You do not need to complete the Massachusetts continuing education requirement, provided you have completed continuing education in the jurisdiction upon which your reciprocal license was based. This
is true regardless of the number of required continuing education hours in that jurisdiction. This is also explained in the written materials provided with your license renewal application. Remember, however, that you must
complete the continuing education requirement in the jurisdiction upon which your reciprocal licensure originated. If you do not complete that jurisdiction’s continuing education requirement, or, for whatever reason, are
exempted by the jurisdiction from the continuing education requirement, you would then need to complete the 12-hour continuing education requirement.
The Board of Registration of Real Estate Brokers & Salespersons office in Boston can be reached at 617-727-2373.