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What does a real estate agent owe an older seller in Massachusetts?

By Arthur Radtke, REALTOR®, The Celebrate Team, eXp RealtyReal estate process article

Facts checked 28 September 2026

The short answerAn agent who represents the seller in Massachusetts owes undivided loyalty, reasonable care, disclosure, obedience to lawful instructions, confidentiality and accounting, and must give you the state’s relationship disclosure form at the first meeting about the property. With an older seller, doing that properly also means time, patience and no pressure to sign.

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:

RelationshipWho they work for
Seller’s agentYou, the seller
Buyer’s agentThe buyer
FacilitatorNeither party; helps both reach agreement
Designated agentOne party exclusively, within a firm, by agreement
Dual agentBoth 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

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

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

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.

For professionals: you are welcome to print this page and hand it to clients, or link to it. Please don’t edit it. Print · Reprint policy, and reviewing for us What does a real estate agent owe an older seller in Massachusetts? Senior Transition Collaborative, Cape Cod Senior Resource Directory. Updated 28 September 2026. https://seniortransitions.thecelebrateteam.com/learn/selling-a-seniors-home/what-an-agent-owes-a-senior-seller/
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