This program is an in-depth explanation of the many agency relationships in Massachusetts. We will explore the process, procedure and forms needed to create these relationships. Creation of good policy and practices will be discussed. Emphasis will be on Designated and Dual Agency.

1. 2/2/2014
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2. 2/2/2014
Agency Relationships
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3. 2/2/2014
Types of Agency
 Seller Agency
 Traditional Agency
 Designated Agency
 Sub‐Agency
 Consent from Seller
 Specific Language
 Buyer Agency
 Traditional Agency
 Designated Agency
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4. 2/2/2014
Types of Agency
Traditional Disclosed Dual Agency
Single Licensee
Two Agents
Designated Disclosed Dual Agency
Single Licensee
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5. 2/2/2014
Types of Agency
 Facilitation
 Buyer or Seller
 Duty to accountability
 Confidentiality “unless otherwise agreed”
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6. 2/2/2014
If you thought….
Facilitation =
Someone who does LESS WORK during the transaction
Increase Seller liability
Is not licensed
You are wrong!
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7. 2/2/2014
Facilitation
May be appropriate:
When your agent does not know the consumer
When a buyer will not enter into a written buyer agency
agreement
When you time and duties may be limited
e.g. want to put in one offer on one house
When you already represent another party
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8. 2/2/2014
Disclosure
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9. 2/2/2014
Disclosures
Agency disclosure
254 CMR 3:00 (13) a. Agency disclosure for real estate
agents representing the seller or buyer.
A real estate broker or salesperson shall provide to a
prospective purchaser or seller of real estate a notice
developed and approved by the board which clearly discloses
the relationship of the broker or salesperson with the
prospective purchaser or seller of the real estate. The notice,
developed by the Board, shall be provided to a prospective
purchaser or seller at the time of the first personal meeting
between the prospective purchaser or seller and the broker or
salesperson for the purpose of discussing a specific property.
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10. 2/2/2014
An Agent’s View of Disclosure
Anytime after I meet you but before you write an offer
A form where the consumer choses the relationship
A creation of buyer agency
Only buyers
Always and forever
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11. 2/2/2014
Disclosures
2010
Agency Disclosure Investigation
2014
Another investigation?
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12. 2/2/2014
Current Agency Disclosure Form
Disclosure to a Buyer of Seller Agency
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13. 2/2/2014
Agency disclosure to other agents
According to the REALTOR Code of Ethics, it is the
duty of an agent to disclose to another agent their
relationship with the buyer
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14. 2/2/2014
Consent and Notice

Dual Agency
 Consent

Specific language
 Notice

Designated Agency
 Consent

Specific Language
 Notice
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15. 2/2/2014
Events
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16. 2/2/2014
Teams
What is the division of duties?
Do they interact with the consumer?
What is the physical structure?
What is the team leaders philosophy?
What does it mean to represent different parties?
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17. 2/2/2014
Open House
Who are they?
Listing Agent
Non Listing Agents
Team Members
Duties and responsibilities
Confidentiality
Protecting the property
Selling or prospecting
Marketing vs Agency
All agents can participate in marketing the property
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18. 2/2/2014
Walk‐Ins
Who do you already represent?
Do you have consent from your current client?
Dating or Marriage?
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19. 2/2/2014
Me, Myself and I
Single Agent Dual Agency
Informed Consent ‐ a person’s approval or permission
for an action to occur that is based on full disclosure of
facts needed to make an intelligent decision.
To enable the client to make an intelligent decision such
facts and information should include alternatives from
which to chose knowledge of liability, limitations of
choices.
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20. 2/2/2014
Me, Myself and I
Was there a client first?
Double Dipping
Fiduciary Duties
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21. 2/2/2014
Offers and Beyond
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22. 2/2/2014
Prior to Offer
Does your client know who represents whom?
Does your client know everything about compensation?
Does your client know everything you know?
Does your client know if, when and what you must keep
confidential?
Does your client know what is not confidential and by
whom?
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23. 2/2/2014
Prior to Offer
Does your agent know the difference between:
Duty to discover
Duty to disclose
Source and resource
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24. 2/2/2014
During the Offer
Acting timely
Acting lawfully
Offer presentation
Funds
Financial qualifications
Presentation of Offer
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25. 2/2/2014
Offer to Close
Acting Timely
McCarthy v Tobin
Owen v Kessler
Contingencies
Release of contract
Escrow Funds
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26. 2/2/2014
Office policy and education
I. Company Policy – Your company should have a clear and
defined policy on agency.
II. Encourage/require/offer an agency training course –
ABR
SRS
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27. 2/2/2014
Thank you for Attending
Jody O’Brien
The RE/Education Company
Committed to Professionalism in Real Estate through Education
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www.reeducator.wordpress.com
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