Massachusetts guide

MA Mandatory Agency Disclosure: The Notice of Licensee–Consumer Relationship

When you sit down with a Massachusetts real estate agent to talk about a specific property for the first time, the agent must hand you a state-approved form called the Notice of Licensee-Consumer Relationship.

Reading as buyer.

TL;DR

When you sit down with a Massachusetts real estate agent to talk about a specific property for the first time, the agent must hand you a state-approved form called the Notice of Licensee-Consumer Relationship. The form spells out who the agent legally works for and asks you to sign and date it so you understand the relationship before going further. You are not required to sign, but you should always read it carefully and keep your copy because it controls who owes you loyalty.

Before you start — 8 things to know

  • In Massachusetts, an agent must give you the Notice of Licensee-Consumer Relationship at the first personal meeting where you discuss a specific property, not at a general get-to-know-you chat.

  • The notice explains five possible relationships in Massachusetts: seller's agent, buyer's agent, dual agent with consent, designated agent, and facilitator, so you know exactly who the agent represents before sharing personal information.

  • You can decline to sign the notice and still keep talking with the agent, but the agent must write down that the notice was offered and refused and keep that record for three years.

  • At an open house, the agent does not have to hand each visitor the notice as long as a sign, poster, or printed sheet at the entrance clearly states who the agent represents in that listing.

  • If an open house hands out written listing materials, the Massachusetts agency disclosure on those materials must be more prominent than the property marketing text, so look for it before sharing your contact info.

  • You are entitled to keep the original signed notice for your records while the Massachusetts agent keeps a copy for three years from the date on the form.

  • If the Massachusetts agent never delivers the notice or delivers it late, you can file a complaint with the state Board of Registration of Real Estate Brokers and Salespersons, which enforces the rule.

  • Signing the Massachusetts notice is not the same as signing a buyer agency contract; the notice only confirms you received the disclosure, while a separate written buyer agency agreement is what actually hires the agent to represent you.

The timeline — step by step

  1. Before any first meeting with a Massachusetts agent about a specific property, expect the agent to bring a paper or digital copy of the Notice of Licensee-Consumer Relationship.

  2. At the start of that first property-specific meeting, the Massachusetts agent must present the notice and ask you to sign and date it.

  3. Read the notice carefully and ask the Massachusetts agent which of the five agency roles they are taking with you before you sign or refuse.

  4. If you choose to sign, the Massachusetts agent must also sign, list whether they are a broker or salesperson, write their license number, and date the form in front of you.

  5. If you decline to sign in Massachusetts, the agent will note the date and the refusal on the form and may still keep working with you for the meeting.

  6. After signatures or a refusal note, the Massachusetts agent hands you the original notice and keeps a copy in their file for three years.

  7. When you later sign a written buyer agency agreement with that Massachusetts agent, the notice already on file confirms the relationship was disclosed before negotiation started.

Common questions

Do I have to sign the Massachusetts agency disclosure notice to keep working with the agent?
No. You can refuse to sign, and the Massachusetts agent is required to note the refusal in writing and keep that record for three years, but the conversation about the property can continue.
When exactly does a Massachusetts agent have to give me the disclosure?
At the first personal meeting where you actually discuss a specific property, not a generic introduction or social chat, the Massachusetts agent must hand over the Notice of Licensee-Consumer Relationship.
Does the open-house agent have to give me a paper disclosure when I walk in?
Not always. Under Massachusetts rules, the agent can post a clear sign or poster, or include the disclosure prominently in any listing handout, instead of handing each open-house visitor a separate notice.
Does signing the Massachusetts disclosure mean I have hired the agent to represent me?
No. The disclosure only proves the Massachusetts agent told you who they represent; you only hire a buyer's agent by signing a separate written buyer agency agreement.
What can I do if a Massachusetts agent never gave me the disclosure?
You can report the agent to the Massachusetts Board of Registration of Real Estate Brokers and Salespersons, which can open a complaint and discipline the agent for skipping the required notice.
How long does the Massachusetts agent keep my signed disclosure on file?
Three years from the date written on the notice, whether you signed or refused; you keep the original and the agent keeps a copy.

Sources

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