Key Takeaways

  • Massachusetts uses unique "facilitator" terminology instead of traditional agent roles
  • A facilitator assists both parties without owing fiduciary duties to either
  • Designated agency allows one agent to represent the buyer and another to represent the seller within the same firm
  • Written agency disclosure is required at the first personal meeting to discuss specific property
  • Dual agency requires informed written consent from both parties
Last updated: January 2026

Massachusetts Agency Relationships

Massachusetts has a unique approach to agency that differs from many other states, including the concept of "facilitator."

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Agency Types in Massachusetts

Seller's Agent (Listing Agent)

DutyDescription
Fiduciary dutiesTo seller only
LoyaltyPut seller's interests first
DisclosureAll material information to seller
ConfidentialityProtect seller's private information
NegotiationAdvocate for best terms for seller

Buyer's Agent

DutyDescription
Fiduciary dutiesTo buyer only
LoyaltyPut buyer's interests first
DisclosureAll material information to buyer
ConfidentialityProtect buyer's private information
NegotiationAdvocate for best terms for buyer

The Massachusetts Facilitator

UNIQUE TO MA: A facilitator is NOT an agent:

FeatureFacilitatorAgent
Fiduciary dutiesNONE to either partyYes to client
AdvocacyNONEMust advocate
ConfidentialityLimitedFull protection
LoyaltyNone owedComplete
RoleTransaction assistanceRepresentation

What a Facilitator Does

Facilitator Duties

Can DoCannot Do
Show propertiesAdvocate for either party
Provide formsNegotiate on behalf of party
Transmit offersGive confidential advice
Coordinate closingKeep secrets for one party
Answer general questionsRecommend offer amounts

When Facilitator Status Applies

SituationResult
No agency agreement signedDefault to facilitator
Dual agency not consentedMay become facilitator
Licensee choiceCan choose to be facilitator

KEY EXAM POINT: A facilitator owes NO fiduciary duties to either party and cannot advocate for either buyer or seller.

Dual Agency

When one agent represents both buyer and seller:

RequirementDetails
Written consentFrom BOTH parties
Informed consentMust explain implications
Before representationConsent before dual agency begins
Cannot advocateFor either party

Dual Agency Limitations

Cannot DoMust Do
Reveal confidential infoTreat both fairly
Advocate for one partyPresent all offers
Recommend price to eitherMaintain impartiality

Designated Agency

Allows different agents in same firm to represent each party:

FeatureDescription
Broker designatesWhich agent for which client
Separate representationEach has their own agent
Information barriersBetween designated agents
Broker supervisionRemains neutral
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Massachusetts Agency Types
Test Your Knowledge

What fiduciary duties does a Massachusetts facilitator owe to the parties?

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D
Test Your Knowledge

What is required before a Massachusetts licensee can act as a dual agent?

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D