Agency Agreements

  • Seller’s Exclusive Right to Sell Agreement:  Completed to secure the right to sell a property, offer co-brokerage compensation to other agents and establish the terms, duration, asking price and parcel that is for sale.  Careful notice should be taken to ensure the legal deed holder signs the right to sell the property.
  • Seller’s Consent to Dual Agency Addendum:  If your office is a traditional firm offering buyer and seller representation, this addendum should be completed per your indication on the Exclusive Right to Sell agreement.  It should be used if your office represents both buyers and sellers and has chosen to operate as dual agents when a conflict occurs. It must be provided and consent must be obtained so that in the event that a dual agency situation occurs, you have previously received seller’s content and can then proceed to operate in a dual capacity, with notice, as a disclosed dual agent.
  • Seller’s Consent to Designated Agency: This addendum should be completed per your indication on the Exclusive Right to Sell Agreement.  If your office represents both buyers and sellers and has chosen to operate as designated agents when a conflict occurs (where the broker acts as a dual agent and designates agent(s) in the office to fully represent the buyer and other agent(s) to fully represent the seller. It must be provided and consent must be obtained so that in the event that a designated agency situation occurs, you have previously received seller’s content and can then proceed to operate in a designated capacity, with notice, as a disclosed designated agent.
  • Seller’s Consent to Sub-Agency:  This addendum should be completed per your indication on the Exclusive Right to Sell Agreement that the seller wishes you to engage subagents in the sale of their property. A requirement of the Massachusetts agency legislation provides that Brokers MUST obtain written consent of the seller BEFORE they can offer sub-agency to cooperating brokers. This form ensures proper consent has been obtained and that the seller has been notified of the vicarious liability. It is referenced as an addendum in the Exclusive Right to Sell Agreement, so if that box is checked, you must have this form signed as well.
  • Seller’s Deferral of Showing Addendum:  This form should be used in the rare instances when a seller asks the listing broker to wait to show the property until a later date.  Some common reasons are to complete renovations or house clean outs, if the owner is out of town, etc.  This form allows the agent to delay showings until a fixed date, when all buyers, including the agents own buyers, are provided with access to the home at the same time.
  • Seller’s Refusal to List Property in the MLS:  This form, along with a copy of the Exclusive Right to Sell Agreement must be submitted to the MLS in instances where the seller requests that the broker withhold the listing from the MLS database entirely.  It explains the marketing and co-brokerage limitation that such a decision impacts and gains consent to modify the Exclusive Right to Sell Agreement MLS section.
  • Modification of Exclusive Right to Sell:  This form is used anytime there is a change in the initial contractual terms agreed upon by the broker and seller.  Common uses are for price changes, or listing extensions. It should be retained by the listing broker with the original Exclusive Right to Sell Agreement. You should be aware that a “withdrawal” is a withdrawal from the marketing of a property, not from the Exclusive Right to Sell obligations. If your client is seeking to terminate their relationship with your firm, the client and the broker owner must execute their own document to terminate the contractual relationship.
  • Open House Disclosure:  This placard can be used at your open houses instead of providing all visitors with an individual agency disclosure form. If you don’t intend to have all visitors sign an agency disclosure, you must display a placard with similar language.
  • Carbon Monoxide & Smoke Detector:  This optional fact sheet offers your seller with information on the carbon and smoke detector requirements that they will need to comply with before closing. This optional form helps to explain the detector requirements and inspection process so they can prepare.
  • Lead Paint Property Transfer Notification: Under Massachusetts and federal law, owners of homes built before 1978 must complete the Property Transfer Lead Paint Notification for prospective buyers or tenants with an option to buy. this form must have been completed by the seller and buyer BEFORE an executed Purchase and Sale Agreement, therefore, we suggest that the seller sign this at the time of the listing, and that the agent uploads this form to the MLS documents section of the database. This way, interested buyers will have access to this form and can sign it before they make an offer. Without this step being completed in advance, the process could be delayed in obtaining a Purchase and Sale agreement.
  • Seller’s Description of Property Condition.: The Exclusive Right to Sell indicates that the seller will provide a completed Seller’s Description of Property Condition form to be provided to prospective purchasers. Therefore, you will want to have the seller complete this form to the best of their knowledge, so that you can properly disclose material defects known about the property. It also helps buyers understand any issues that currently exist in the home before making an offer. This form is not mandatory in the state of Massachusetts, but some offices may make this form a part of the requirements for listing a property. It is helpful to clearly establish written disclosures about knowledge of a homes defects.