RE39R25: Commonly Used Forms (Residential): Mandatory/Optional

Forms required or commonly used in residential real estate practice

Instructor: It is the responsibility of the instructor to be sure all information is up to date and current.

Objectives:

This two-hour course is designed to help Massachusetts real estate licensees identify and properly use the forms required or commonly used in residential real estate practice. Participants will learn to distinguish between mandatory and optional forms, understand who creates and regulates these documents, and apply best practices for their use in compliance with state law and brokerage policy.

1. Introduction
   1. Description of Commonly Used Forms
      1. Mandatory
      2. Commonly used
   2. Who creates the forms
   3. Forms may be available in multiple languages
   4. Addenda/ Amendments
   5. Reminder about practice of law and company policies
       
2. Mandatory Forms
   1. Massachusetts Mandatory Licensee - Consumer Relationship Disclosure Form (available in multiple languages)
      1. Relationships
         1. Seller Agent
         2. Buyer Agent
         3. Dual Agent
         4. Facilitator (non-Agent)
         5. Designated Buyer or Seller Agent
      2. When to provide
         1. First Personal meeting to discuss a specific property
         2. Prior to the relationship changing
   2. Informed Consent
      1. Designated Agency Consent Form
      2. Dual Agency Consent Form
      3. Obtaining Informed Consent
         1. explaining the relationship
         2. confirming the consumer's understanding
         3. Obtaining consent by signature
   3. Providing notice for Dual and or Designated Agent
   4. Home Inspectors-Facts for Consumers
      1. How and when to provide
      2. Recommending an Inspector -
         1. Seller’s agent or Facilitators cannot recommend an inspector
         2. Permitted only by the buyer’s agent
   5. MA Mandatory Residential Home Inspection Disclosure
      1. Residential sellers are required to provide to buyers
      2. Before entering into a contract
      3. Buyers cannot waive home inspection as part of offer
3. Mandatory in specific conditions
   1. Lead Paint Disclosure Forms (pre-1978 homes)
      1. Childhood Lead Poisoning Prevention Program (CLPPP)
      2. Property Transfer Lead Paint Notification
         1. How and when to provide
         2. Obtaining the consumer's certification
         3. Inspection required
         4. Common Mistakes on the form
            1. Checks, Initials, Signatures
            2. Do Not have buyer sign a Blank Disclosure
   2. Rental forms
      1. Lead Paint
         1. Tenant lead paint notification
         2. Short term and vacation rental notification
      2. Tenant Fee Disclosure
         1. What the disclosure must include
         2. When to provide
      3. Security deposit related forms if required
         1. Receipt of the money
         2. Apartment condition statement
         3. Notice of where held plus account info
         4. Notice of tenant entitlement to interest (on last month + security)
   3. Local Forms As Required
      
       
4. Other commonly used forms not required by law
   1. Exclusive Right To Sell/ to Lease
   2. Exclusive Buyer Agency Agreement/ Tenant Agreement
   3. Mold Disclosure & Waiver
   4. Seller's Statement of Property Condition
   5. Offer to Purchase/ Contract to Purchase
   6. Purchase and Sales Agreement
   7. Rental Forms
   8. Security Deposit Form
   9. Any other forms commonly used in the current market/ by the industry
5. Forms Usage
   1. Licensed Agents and Brokers should not attempt to edit standard forms, this could constitute the practice of law.
   2. Forms that are available via an online subscription should NOT be downloaded to a computer of other drive for later use. It is best practice to always download a form directly from the platform/forms subscription that you subscribe to, at the time it is needed. This avoids overlooking updates to forms.
   3. Many of the forms are copyright protected and it is a violation of the EULA to share the forms with another for their use; except the following that are Government provided forms:
      1. Lead paint - Property Transfer Notification Certification,
      2. Massachusetts Mandatory Real Estate Licensee-Consumer Relationship Disclosure
      3. Home Inspection Facts for the Consumer.
      4. MA Mandatory Residential Home Inspection Disclosure

Property Transfer Notification Certification

Last updated:	November 25, 2025