Expired License & Agency Disclosure

by By Joseph Autilio Executive Director, Massachusetts Board of Registration of Real Estate Brokers and Salespersons | Apr 28, 2014
Answers to agents’ questions regarding real estate licensing in Massachusetts.

Q. As a former agent, may I get a new license rather than reinstate my expired license?

A. The short answer is No. Sometimes in situations involving those with an expired license, the individual seeks to obtain an entirely new license especially if the individual was part of a class that does not need to take an examination to become licensed in the first place. Two such individuals would be those who were licensed by reciprocity or Massachusetts Attorneys who maintain membership in the Massachusetts Bar in good standing. However sometimes those who obtained licensure by examination will seek to start over rather than reinstate an expired license.

Some of these individuals may argue that it is somewhat cheaper to obtain an entirely new license as opposed to the reinstatement of the expired license and that the Board’s decision to require reinstatement prevents otherwise qualified candidates from  obtaining a license. The Board is not denying those qualified from getting a license as a real estate agent, but rather, simply requiring the reinstatement of the previously expired license.

It’s important to keep in mind that the Board has authority to control the form for the application for licensure as well as the form of the license itself pursuant to Massachusetts General Laws Chapter 112, Section 87TT, Section 87XX, respectively, and Board Regulation 254 CMR 2.00(2). Moreover, the Board and the licensing law exist to ensure that only qualified candidates for licensure become licensed and there are sound reasons for requiring the reinstatement of an expired license as opposed to the issuance of an entirely new license with a new license number. For example, one individual holding multiple license numbers over time raises the potential for more fraudulent conduct, and the existence of multiple license numbers for the same individual can impede investigations of complaints made by consumers against licensed agents.

Q. Is the Board concerned with alterations that I may make to the Licensee-Consumer Relationship Disclosure of any agency relationship?

A. Yes, indeed. Those agency disclosure forms are what you must use for the Mandatory Consumer Disclosure contained in Board Regulation 254 CMR 3.00(13). You
certainly can reproduce them but you must not alter their terms or wording in any way, including small ways. This also means that if you choose to reproduce the forms you
must not alter the font size of the wording as it appears on the Board’s forms. The forms are available online on the Board’s webpage at www.mass.gov/dpl/boards/re.