Massachusetts law about real estate brokers

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Massachusetts laws

MGL c.13, §§ 54-57 Board of registration of real estate brokers and salesmen

MGL c.112, §§ 61-65E Certificate of registration- suspension, revocation or cancellation

MGL c.112, §§ 87PP-87DDD-1/2 Real estate brokers and salesmen

Massachusetts regulations

254 CMR Board of Registration of Real Estate Brokers and Salespersons

Agency

Board of Registration of Real Estate Brokers and Salespersons
State agency website includes frequently asked questions, applications, forms, license information, policies, continuing education course listings, and more.

Selected cases

Horne v. Vanni, 1 Mass. App. Ct. 841 (1973)
When buyer could not get financing, real estate broker was not entitled to a commission.

Huang v. RE/MAX Leading Edge, 101 Mass. App. Ct. 150 (2022)
"A contract to pay for services of a licensed real estate broker need not be in writing."

Lewis v. Emerson, 391 Mass. 517 (1984)
If wrongful conduct by a seller prevents the completion of a sale, real estate brokers are entitled to a commission. 

Newton Centre Realty v. Jaffe, 97 Mass. App. Ct. 726 (2020)
The death of the seller terminates a real estate brokerage agreement. 

Tristan’s Landing v. Wait, 367 Mass. 622 (1975)
This case established the general standard for earning a commission by real estate brokers.

Web sources

Agency disclosure: a consumer guide to real estate representation, Board of Registration of Real Estate Brokers and Salespersons.
Pamphlet for consumers that explains the relationship between consumers and real estate brokers.

Real estate brokers and salespersons consumer fact sheet, Div. of Professional Licensure.
Helpful information about what different types of brokers do and what buyers, sellers, and renters need to know when dealing with a real estate agent.

Print sources

LexisNexis Practice Guide: Massachusetts real estate litigation, Lexis, annual edition, chapter 11.

Litigating residential real estate disputes in Massachusetts, 2d ed., MCLE, loose-leaf, chapter 9.

Massachusetts real estate: principles, practices and law, Cengage Learning, 2009.

Methods of practice with forms, 4th ed. (Mass. Practice, v.5), West Group, 2000 with supplement. Section 3:66 Broker’s commission.

Prima facie case proof and defense, 5th ed., (Mass. Practice vol. 17) Thomson/West, 2005 with supplement, chapter 9 Real estate broker’s commission.

Procedural forms annotated, 6th ed., (Mass. Practice v.10A) West, 2009 with supplement. Section 47:1 Complaints - real estate broker’s commission.

Real estate broker disputes, MCLE, 2009.

Real estate law with forms (Mass. Practice vol. 28A) Thomson Reuters, annual, chapter 30 Brokerage agreements.

The real estate legal desk book : a broker's guide to consumer protection, procuring cause, commissions, fair housing and more / by Philip S. Lapatin, 2012.

Residential real estate practice under the new broker law, MCLE, 2005.

Last updated:	June 13, 2023