Key Takeaways
- Massachusetts requires written agency disclosure at first personal meeting about a specific property
- The disclosure form must describe all agency relationship options available
- Consumers must sign acknowledging receipt of the disclosure form
- Failure to disclose agency can result in license discipline and civil liability
- The disclosure must occur BEFORE discussing specifics of buying, selling, or leasing
Last updated: January 2026
Mandatory Agency Disclosure
Massachusetts requires licensees to disclose agency relationships in writing.
When Disclosure is Required
Timing
The disclosure must be provided at:
| Situation | When to Disclose |
|---|---|
| First personal meeting | About specific property |
| Before substantive discussion | Of buying, selling, or leasing |
| At open house | If substantive discussion begins |
What is "First Personal Meeting"?
| Is First Meeting | Is NOT First Meeting |
|---|---|
| Face-to-face discussion of property | Phone call with general info |
| Showing specific property | Email about market conditions |
| Discussing listing your home | Providing generic information |
| Serious buyer inquiry | Casual conversation |
Disclosure Form Requirements
Form Content
The disclosure must include:
| Element | Description |
|---|---|
| Agency types | All available relationships |
| Duties explained | What each relationship means |
| Facilitator role | Explanation of non-agency |
| Consumer rights | Right to representation |
| Signature line | Consumer acknowledgment |
Types to Explain
| Relationship | Must Explain |
|---|---|
| Seller's Agent | Fiduciary to seller |
| Buyer's Agent | Fiduciary to buyer |
| Dual Agent | Represents both |
| Facilitator | Assists without representation |
Consumer Acknowledgment
Signature Requirement
| Requirement | Details |
|---|---|
| Consumer signs | Acknowledges receipt |
| Not consent | Just acknowledgment of disclosure |
| Retain copy | Licensee keeps signed copy |
| Provide copy | Consumer gets copy |
If Consumer Refuses to Sign
| Action | Required |
|---|---|
| Note refusal | On the form |
| Date and witness | Document refusal |
| Continue service | Can still work with consumer |
| Retain documentation | Keep in file |
Consequences of Non-Disclosure
License Discipline
| Consequence | Severity |
|---|---|
| Reprimand | Minor violations |
| Fine | Up to $1,000 |
| Suspension | Serious violations |
| Revocation | Egregious violations |
Civil Liability
| Consequence | Description |
|---|---|
| Contract rescission | Void transaction |
| Damages | Financial compensation |
| Commission forfeiture | May lose commission |
Best Practices
| Practice | Reason |
|---|---|
| Disclose early | Protect yourself |
| Get signature | Document compliance |
| Keep copies | Prove disclosure |
| Explain thoroughly | Informed consent |
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Test Your Knowledge
When must the Massachusetts agency disclosure form be provided?
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Test Your Knowledge
If a consumer refuses to sign the agency disclosure form, what should the licensee do?
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