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Part II - Q&A New 2017 Mandatory Agency Disclosure Form

by | May 25, 2017

All Realtors® should be aware that the Board of Registration for Real Estate Brokers and Salespersons has issued a NEW Mandatory Agency Disclosure Form. The form’s official title is the Massachusetts Mandatory Real Estate Licensee – Consumer Relationship Disclosure. The form is designed to provide the same kinds of disclosures to consumers while clarifying and simplifying some aspects of the old form. We put together a Q&A below to help you understand the changes. You should start using the new form immediately.

Below is the second part of the Q&A for the new Mandatory Agency Disclosure Form. 

Q: Where can I find a copy of the new form?

A: The form is now available on the Board of Registration’s website under the section entitled “application and forms.” MAR is currently working to include the new form in all electronic forms platforms as well as paper versions.

Q: When does the 
form become effective?

A: The form is currently in effect and you should use it when having a personal meeting to discuss a specific property with a client or customer.

Q: How long must my brokerage firm keep a copy of the executed brokerage disclosure form?

A: Three years. This requirement has not changed.

Q: Has anything changed regarding the timing of when I need to use the form?

A: No, this has not changed. Regardless of your relationship with the buyer or seller, all licensed brokers and salespersons must present the brokerage disclosure form at the first personal meeting to discuss a specific property.

Q: What if the consumer refuses to sign the form?

A: The process if a consumer refuses to sign the form remains the same:

  1. Make a notation on the form where indicated;
  2. Provide the consumer a copy of the form; and
  3. Keep the other copy for your file.

Q: If I disclose that I work in a designated agency brokerage office, does that mean I am precluded from showing a buyer into my client’s listing?

A: No, you may work with the buyer in your capacity as a designated seller’s agent. The unrepresented buyer is your customer. If you have a separate agreement to work with that buyer as a designated buyer’s agent, you must obtain signed consent from both the buyer and the seller to work as a “dual agent.”  As a dual agent, you cannot advocate the interest of one client if doing so conflicts with the interest of your other client. You must be neutral as to any conflict.