Massachusetts law about real estate brokers

Laws, regulations, and web sources on real estate brokers' roles and legal responsibilities.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Best bet

Board of Registration of Real Estate Brokers and Salespersons
State agency website includes frequently asked questions, applications, forms, policies, a link for checking occupational licenses, continuing education course listings, and more.

Massachusetts laws

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

MGL c. 93, § 114 "Psychologically impacted" properties
Sellers and brokers do not have to disclose to buyers or tenants the fact that a property is perceived to be tainted by the health of a previous occupant, a murder or suicide, or paranormal phenomena. However, they may not be deceitful in answers to questions about the property.

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

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

Massachusetts regulations

254 CMR Board of Registration of Real Estate Brokers and Salespersons

Selected cases

Bernett et al v. National Association of Realtors et al., U.S. District Court, W.D. Missouri, Western Division. Class Action No. 19-cv-332.
This case was settled out of court in November 2024. "The National Association of Realtors (NAR) has agreed to pay $418,000,000 to settle a class action lawsuit for alleged anticompetitive practices that led to inflated commission rates for home sellers."

For more cases, see Selected court cases on the topic of real estate brokers.

Forms

Massachusetts mandatory licensee-consumer relationship disclosure, Board of Registration of Real Estate Brokers and Salespersons. Revised September 20, 2021.

Web sources

A consumer guide to real estate representation, Berkshire County Board of Realtors, 2008.
Pamphlet for consumers that explains the relationship between consumers and real estate brokers.

NAR settlement FAQs, National Association of Realtors, updated September 5, 2024.
The $418 million settlement includes rule changes which took effect in August, 2024, and relate to agent commissions.

Print sources

LexisNexis practice guide: Massachusetts real estate litigation, Lexis, annual edition. (2024 eBook available with library card)
Chapter 11: Real estate brokerage litigation.

Real estate broker disputes, MCLE, 2009.

The real estate legal desk book: A broker's guide to consumer protection, procuring cause, commissions, fair housing and more by Philip S. Lapatin, 4^th ed., 2015.

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

Massachusetts Practice

• vol. 5 (Methods of practice with forms), 4^th ed., West Group, 2000 with supplement. Section 3:66 Broker’s commission.
• vol. 10A (Procedural forms annotated), 6^th ed., West, 2009 with supplement. Section 47:1 Complaints - real estate broker’s commission.
• vol. 17 (Prima facie case proof and defense), 5^th ed., Thomson/West, 2005 with supplement. Chapter 9: Real estate broker’s commission.
• vol. 28B-28C (Real estate law with forms), 5^th ed., Thomson Reuters, annual. Chapter 36: Brokerage agreements; Chapter 53: Purchase and sale agreements.

Last updated:	April 7, 2025