What does a real estate agent owe an older seller in Massachusetts?
Why it is different on the Cape
Many Lower Cape sellers have owned their house for decades and are selling once, often while dealing with a move into care or a spouse’s death, with children living elsewhere. That is exactly when a seller is most exposed to pressure, and when it is most important to know what an agent is, and is not, allowed to do.
The form you should be given first
Every Massachusetts licensee must present the state’s Mandatory Licensee-Consumer Relationship Disclosure at the first personal meeting to discuss a specific property. It says who the agent represents. The possibilities are:
| Relationship | Who they work for |
|---|---|
| Seller’s agent | You, the seller |
| Buyer’s agent | The buyer |
| Facilitator | Neither party; helps both reach agreement |
| Designated agent | One party exclusively, within a firm, by agreement |
| Dual agent | Both parties, with written consent from each |
What a seller’s agent owes you
The duties listed on the state form are undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. In plain words: your interests come first, the agent works carefully, tells you what they know that matters, follows your lawful decisions, keeps your confidences from the buyer, and accounts for any money they handle.
Who can sign?
Only the owner, or someone with legal authority for them. That can be an agent under a durable power of attorney while the owner is alive, a court-appointed guardian or conservator, or, after a death, the personal representative appointed by the probate court. A careful agent confirms this before a listing agreement is signed, not at closing.
If an owner is unsure what they are signing, the right answer is to slow down and involve family, a lawyer, or both.
Warning signs
- Pressure to sign on the first visit, or “this offer expires tonight”
- An agent, or someone connected to them, offering to buy the house
- A buyer the agent brought in, at a price nobody has compared with the market
- Discouraging the owner from involving family or a lawyer
- Documents with blank spaces, or no copies left behind
If you suspect an older person is being exploited, Massachusetts Adult Protective Services takes reports at 1-800-922-2275.
What good practice looks like
Meetings with family present, in person or by video. Every option explained, including not selling this year. Nothing signed at the first meeting. Copies of everything left behind. A written price analysis based on recent sales, with the comparable houses shown. If you are interviewing agents, those are fair things to ask for.
What to do next
- Ask for the relationship disclosure form at the first meeting.
- Confirm who has authority to sign before any agreement.
- Ask for a written price analysis with the comparable sales shown.
Common questions
What is the Massachusetts agency disclosure form?
It is the state’s Mandatory Licensee-Consumer Relationship Disclosure. Every licensee must present it at the first personal meeting about a specific property. It states whether they act as seller’s agent, buyer’s agent, facilitator, designated agent or dual agent.
Can a real estate agent buy a client’s house?
Any such arrangement is a serious conflict of interest and must be fully disclosed. An older seller in that situation should get independent advice from family and a lawyer before agreeing to anything.
Who signs if Mom can no longer sign?
Someone with legal authority: an agent under a durable power of attorney signed while she could still sign, or a court-appointed guardian or conservator. After a death, the court-appointed personal representative signs.
Related
- All articles on selling a senior's Cape home
- Cash offer letters for an inherited Cape house: how to read one
- The papers every family needs
- Scams, and how to hire a contractor safely
- What happens to a Cape house that has been empty since October?
- Does the season matter when selling a Cape house?
This article is general information about how the process works in Massachusetts, not legal, tax, or medical advice, and reading it does not create a professional relationship. Every family’s situation is different. The Senior Transition Collaborative can connect you with a licensed professional on the Lower Cape — reach us at arthur.radtke@exprealty.com.