The Massachusetts Association of REALTORS® (MAR) is kicking off its 101st year of service and remains dedicated to serving real estate professionals, property owners and residents of the Commonwealth. With a new legislative session underway with over 7,000 bills filed, including over 200 related to real estate, MAR remains committed to helping members navigate the evolving landscape.
Navigating the real estate landscape
The transferring of property is a fundamental element of the American Dream, and the professionals engaged in this profession know that it isn’t easy. The number of laws and regulations regarding the advertising, inspecting, financing, transferring of title and/or renting of properties is long and ever-changing.
Member advocacy
MAR member surveys have shown that some of the most used and appreciated MAR member benefits are the contracts and forms. MAR members have access to a comprehensive library of over 100 forms available for Realtors to use, ensuring compliance and efficiency in transaction. Beyond the frequently used listing agreement and purchase and sale agreement, there are forms related to agency, property condition, septic, rentals and addendums.
Contracts and forms
In response to the National Association of REALTORS® settling a class-action lawsuit in 2024, MAR updated several contracts to comply with the terms of the settlement, including updating the Exclusive Buyer Agency Agreement, which is designed to offer more choice for the professional and the client, not only in terms of scope of services, but ultimately, in agreeing on compensation for those services. The offerings provide consumers options for the duration of the relationship, geographic definition of service areas and provides choices on how the broker is to be compensated. More general information surrounding the settlement can be found here.
The updated Exclusive Right to Sell Listing Agreement clarifies the duties and representations of both the Listing Broker and the Seller. It includes clear disclosures that commissions are negotiable and introduces a new method for negotiating broker compensation.
The updated Contract to Purchase form includes an option to negotiate the buyer broker’s fee as part of the offer. As these payments may come from the seller, the buyer, or through cooperative compensation, this optionality is now included in the Purchase and Sale Agreement. The options provide language to assist a consumer in understanding compensation and its impact on the offer to the seller as a term of the offer.
These forms are designed to increase transparency and offer flexibility in broker compensation. If a listing broker is working with an unrepresented buyer, a new form was developed specifically for agents to use at open houses and when showing their brokerage’s listings: the Unrepresented Buyer Disclosure form. This form is critical in ensuring transparency and clarity in real estate transactions involving buyers who are not represented by a real estate agent. Its key purposes are to inform unrepresented buyers and protect listing brokers from potential liability. The form can be used as a supplement to the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure.
Ongoing updates and upcoming regulatory changes
The contracts and forms will continue to be updated by MAR’s legal team and members as new and amended regulations are enacted by the Commonwealth. In July, new regulations will be enacted regarding mandating the right to conduct a home inspection as a part of the terms of an offer to purchase. The Office of Housing and Livable Communities is currently working on the regulations.
MAR members can access the latest versions of these forms and contracts via Remine software, a digital platform that allows for document completion, e-signatures and transaction management. Additionally, MAR’s full catalog of forms is available to members through several electronic forms’ providers, ensuring members always have the most up-to-date resources at their fingertips.
MAR remains dedicated to equipping real estate professionals across the Commonwealth with the tools, knowledge and advocacy needed to succeed in our ever-changing industry.
Sarah Gustafson is the 2025 president of the Massachusetts Association of REALTORS® and is a Realtor and broker with Keller Williams Pinnacle Central in Worcester & MetroWest in Westborough.