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Ask Charles Cherney - Question #19

What is the Massachusetts Mandatory
Real Estate Licensee
Consumer Relationship Disclosure Form?

MA Mandatory Real Estate Licensee Consumer Relationship Disclosure Form

What is the Massachusetts Mandatory
Real Estate Licensee
Consumer Relationship Disclosure Form?
The short answer is that it is a form that you are to receive
at your first personal meeting with a real estate agent.
The form makes known to you if the real estate agent presenting the form
is a seller's agent, a buyer's agent, or a facilitator.

The form (see above) was revised in January 2017. It takes the place of another version of the form that had been in use for over ten years. Although the form appears daunting to some consumers at first glance, it is fairly straightforward upon closer inspection. Be sure to ask the real estate agent presenting the form to answer any questions you have about the form.

For most sellers, the real estate agent is the seller's agent.
For a seller, generally speaking the real estate agent will be the designated agent for the seller.

For most buyers, the real estate agent is the buyer's agent.
For a buyer, generally speaking the real estate agent will be the designated agent for the buyer.

Please note it states at the top of the form that THIS IS NOT A CONTRACT. That is true - the form is not a contract. It is, as its name makes known, a disclosure form. 

A few notes about this disclosure form:

• The back side of the form includes definitions for seller's agent, buyer's agent, non-agent facilitator, designated seller's and buyer's agent, and dual agent. Review the definitions on the back side of the form and ask the real estate agent presenting the form to you to answer any questions about these defined terms.

• Although the real estate agent presenting this form is required to sign it, you the consumer are not required to sign it. Note there is a tick box at the bottom that is to be checked if the consumer declines to sign the form.

• You are to receive a copy of the form after it is presented.

• A real estate agent is not required to present this form to you at an open house. Rather, the requirement is that the agent present the form to you at the first personal meeting with you to discuss a specific property.

As a Realtor, when I have a personal meeting with someone for the first time and present this form, I am often told by the person receiving the form from me that other real estate agents the person has met with did not present the form. This is unfortunate. The law requires that that you the consumer are to receive the form at your first personal meeting with a real estate agent. The form makes known to you if the real estate agent presenting the form is a seller's agent, a buyer's agent, or a facilitator. It's good to know the role of the agent you are speaking to. Hence the requirement of the state of Massachusetts that the form be employed.

I help buyers buy and sellers sell in Cambridge and Somerville, MA. Here to help you. Let's talk.

Call me at 617-733-8937 or email me.

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