Massachusetts Real Estate Sales Representative Agreement with Broker

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US-01798BG
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Description

A real estate broker offers services as agent in matters involving the sale, purchase, rental, and financing of real property. When selling property, brokers and agents arrange for title searches to verify ownership and for meetings between buyers and sellers during which they agree to the details of the transactions and in a final meeting, the new owners take possession of the property. They also may help to arrange favorable financing from a lender for the prospective buyer; often, this makes the difference between success and failure in closing a sale. In some cases, brokers and agents assume primary responsibility for closing sales; in others, lawyers or lenders do.


Agents and brokers spend a significant amount of time looking for properties to sell. They obtain listings -- agreements by owners to place properties for sale with the firm. When listing a property for sale, agents and brokers compare the listed property with similar properties that recently sold, in order to determine a competitive market price for the property. Following the sale of the property, both the agent who sold it and the agent who obtained the listing receive a portion of the commission. Thus agents who sell a property that they themselves have listed can increase their commission.

The Massachusetts Real Estate Sales Representative Agreement with Broker is a legally binding contract that outlines the relationship between a real estate sales representative and a broker in the state of Massachusetts. This agreement establishes the terms and conditions under which the sales representative will represent the broker and carry out real estate transactions on their behalf. One of the key elements of the agreement is the commission structure. It clearly defines how the sales representative will be compensated for their services and specifies the percentage or fixed fee they will receive for successfully closing a real estate sale. Additionally, the agreement may outline any additional fees or expenses the sales representative is entitled to, such as marketing costs or administrative fees. The agreement also identifies the duration of the relationship between the sales representative and the broker. It may be a fixed-term agreement, indicating a specific time period within which the sales representative will work exclusively for the broker. Alternatively, it may be an open-ended agreement, allowing the sales representative to work for other brokers concurrently. Furthermore, the agreement typically outlines the responsibilities and duties of the sales representative. This includes tasks such as advertising and promoting listings, prospecting for potential buyers, conducting property showings, negotiating offers, and ensuring compliance with real estate laws and regulations. The agreement may also define the geographical area or specific properties within which the sales representative is authorized to operate. In some cases, there may be different types of Massachusetts Real Estate Sales Representative Agreements with Broker, tailored to specific situations or circumstances. These may include: 1. Exclusive Sales Representative Agreement: This type of agreement grants the sales representative exclusive rights to represent the broker within a designated territory. The sales representative will be the sole point of contact for real estate transactions within this area, ensuring their exclusivity in dealing with buyers and sellers. 2. Non-Exclusive Sales Representative Agreement: Unlike the exclusive agreement, this type allows the sales representative to work with multiple brokers concurrently or represent themselves as independent agents. This arrangement provides more flexibility for the sales representative but may impact their ability to secure exclusive leads or enjoy certain benefits provided by the broker. 3. Independent Contractor Agreement: This agreement establishes the sales representative as an independent contractor rather than an employee of the broker. It specifies that the sales representative is responsible for paying their own taxes, obtaining necessary licenses, and assuming liability for their actions. This type of agreement provides more autonomy to the sales representative but may lack certain benefits and protections afforded to employees. In conclusion, the Massachusetts Real Estate Sales Representative Agreement with Broker is an essential document that outlines the terms and conditions governing the relationship between a sales representative and a broker. It covers aspects such as commissions, duration, responsibilities, and the type of agreement being entered into, whether exclusive, non-exclusive, or independent contractor.

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FAQ

Massachusetts, New Hampshire, and Rhode Island all allow a form dual agency. In order to work as a dual agent, the agent must provide a separate dual agency disclosure, and the client must consent in writing to dual agency.

But if a real estate broker not the landlord helps you find your rental unit, that person may charge you a finder's or broker's fee. The broker must provide a written notice to prospective tenants with information about the fee and whether or not it is paid if a tenancy is not created.

Since realtor commission is negotiable, what's fair will ultimately come down to whatever rate you and your agent are comfortable with. That said, most realtors in Massachusetts will expect a commission of around 4.97% the statewide average.

Which of the following businesses entities is generally prohibited from brokering Real Estate? A brokerage that is not affiliated with a franchisor. a single employing broker who has an active broker's license. fulfill the fiduciary duties owed to the broker and the broker's clients.

During the pre-closing period of a sale contract, what is the listing broker's primary responsibility? Handle deposited funds according to law. A broker receives an earnest money deposit from a buyer and signs the check over to the listing agent as a commission advance.

A salesperson cannot be appointed by both buyer and seller for the same property transaction. He can only act for one party. The same prohibition also covered the rental transactions. The ban on dual representation applies to all property transactions, including residential, commercial and industrial properties.

In Massachusetts Disclosed Dual Agency is legal, provided there exists full disclosure and written informed consent to the dual agency by both the Buyer and the Seller in a specific transaction. A Dual Agent has a duty of confidentiality and accounting to both parties.

In Massachusetts Disclosed Dual Agency is legal, provided there exists full disclosure and written informed consent to the dual agency by both the Buyer and the Seller in a specific transaction. A Dual Agent has a duty of confidentiality and accounting to both parties.

To protect your finances and ensure you are selling or buying at the best possible price, it is probably best to avoid dual agency. Buyers or sellers may be inclined to work with a dual agent because they want to obtain confidential information about the person buying or selling the home.

A dual agent is an individual who acts as both the buyer's and seller's agent in a transaction. It is easy to confuse dual agents with designated agents. But unlike a dual agent, designated agents are two separate individuals representing the buyer or the seller.

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Massachusetts Real Estate Sales Representative Agreement with Broker