Massachusetts law requires that each real estate broker or salesperson who is an agent of buyer or seller act in the client’s best interest. In general terms, the agent owes the client five fiduciary duties: undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting for funds. Regardless of the agency relationship, the licensee must disclose to a prospective buyer all known material defects in real estate.

Duties of a Seller’s Agent
In addition to their general fiduciary responsibilities, licensing acting as seller’s agents, including listing agents and subagents, owe the following specific duties to their clients:
• To obtain written consent from the seller prior to offering subagency. (Juniper Realty & Associates, Inc is a Non-designated Agency, we will work for buyer, seller, facilitator, and dual agent only, no sub agency)
• To seek an offer to purchase at a price and with terms acceptable to the seller. (Unless the seller directs otherwise. The listing agent is not usually obligated to seek additional offers once the property is subject to a contract of sale);
• To present all offers forthwith (i.e. in a timely manner);
• To obtain written consent before acting as a dual agent.

Duties of a Buyer’s Agent
In addition to their general fiduciary responsibilities, licensees acting as buyer’s agents, owe the following specific duties to their clients:
• To use reasonable efforts to locate a property at a price and on terms acceptable to the buyer. Unless the buyer directs otherwise, the buyer’s agent is not obligated to continue to show properties to the buyer, once the buyer is a party to a contract to purchase. (A licensee does not breach any duty or obligation to the buyer by showing the same property to other buyers or by acting as an agent or subagent for other buyers, however, it is recommended that this be stated in a buyer agency agreement); and,
• To present each offer or counteroffer to purchase to the listing agent in a timely manner, even if the property is subject to a contract of sale;
• To obtain consent before acting as a dual agent.

Dual Agency
There are several scenarios where dual agency occurs in Massachusetts. All situations require the consumer to consent to the relationship, in writing, prior to the execution of a written offer to purchase real estate.
An individual agent agrees to represent both the buyer and the seller in the same transaction. The individual agent is a dual agent as is the brokerage firm with whom the agent is associated. The buyer and seller must each acknowledge of the dual representation and consent to it in writing.

For professional advice on all aspects of buying and selling real estate call Juniper Realty & Associates, 781-769-4818 or email us at juniperrealty@aol.com