About MAR Government Affairs
The Massachusetts Association of REALTORS® vigorously support the right of every citizen of the Commonwealth to purchase, sell, develop, lease, manage, own, and use private property with the fullest freedom possible, realizing that such rights must be exercised in a fashion which sustains or improves the quality of life for all. Government Affairs helps support these rights and is dedicated to protecting the values of the REALTOR® Association. Those values include:
- The right of the individual to own and freely use real property and to the extension of that right to every individual without exception
- The free and full exercise of the "bundle of rights" (ie. possession, control, disposition, exclusion and quiet enjoyment) inherent in the ownership of real property and to the fullest possible enjoyment of the benefits conferred by these rights
- The protection and preservation of the free enterprise system which provides the opportunity for fullest expression and enjoyment of the "bundle of rights"
- Freedom for individual initiative, free and open competition, and safeguarding human dignity by defending human rights
- Dedication to the fundamental proposition of the National Association of REALTORS Code of Ethics
- The protection of the environment is of paramount importance and must be achieved in balance with the protection of the rights of individuals to enjoy the full benefits of real property ownership
MAR Government Affairs supports these values by advocating for or against various legislation, researching and educating members about legislative issues, and showing support and dedication to private property rights and home ownership in Massachusetts. See the 2015-2016 Legislative Priorities below for more information on this year's current legislative issues.
REALTOR® Member Value
REALTOR® Member Value has been demonstrated recently in government affairs. MAR members and professional staff are proud to have lobbied successfully for these important issues: Your REALTOR® dues also help to ensure your representation on legal issues affecting you and your clients.
Recent successes include:
- 2013-2014 Legislative Successes
- Quinlan v. Clasby, a case for which MAR filed an amicus brief in support of a broker who succeeded in confirming a very important legal standard that has helped brokers defend themselves against innumerable Chapter 93A claims over the years.
- MAR also filed amicus briefs in two related and very important real estate cases; Urman v. South Boston Savings Bank and Underwood v. Risman which reaffirmed that there is no liability under Chapter 93A for nondisclosure of defect unless the seller or broker has actual knowledge of the defect.
- In the case of Kelly v. Marx, the SJC adopted the position advocated by the Massachusetts Association of REALTORS® in the amicus “friend of the court” brief. In its ruling, the SJC held that the reasonableness of a liquidated damages provision should be evaluated based upon the circumstances at the time the contract was made and that the “second look” doctrine advocated by the Appeals Court in its decision should be rejected.
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