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Massachusetts Data Security Regulations WISP

Mass. Data Security Regulations, effective March 1, 2010

For further information on this issue, please see the following links directly to the Mass.gov materail prepared to help you create office policy and comply with the regs:

Frequently Asked Questions:
Sample Small Business Policy:
Compliance Checklist:
Requirements for Security Breach Notification:
Data Security Regulations:

Personal information: a Massachusetts resident’s first name and last name or first initial and
last name in combination with any one or more of the following data elements that relate to
such resident: (a) Social Security number; (b) driver’s license number or state -issued
identification card number; or (c) financial account number, or credit or debit card number,
with or without any required security code, access code, personal identification number or
password, that would permit access to a resident’s financial account; provided, however, that
“Personal information” shall not include information that is lawfully obtained from publicly
available information, or from federal, state or local government records lawfully made
available to the general public.

Massachusetts has joined the majority of states in enacting a comprehensive data security law which governs theway personal information must be protected. After several delays the Massachusetts Office of Consumer Affairs has issued the final regulations to address the issue which become effective on March 1, 2010. Unlike previous draft versions of the regulations, the final regulations use a risk-based approach that directs businesses to establish a written comprehensive information security program (“WISP”) based on their size, scope and available resources. The final version of the regulations were changed as a result of input from MAR and other groups.… Read on

Staff Interaction

The Board of Directors, led by the elected President and Staff, led by the Chief Executive Officer, work as a team to address the needs of the membership, yet have very different responsibilities.

The Chief Executive Officer is charged with managing all activities of the Berkshire County Board of Realtors. This includes the implementation of strategies and processes at the direction of the Board of Directors, directing the day-to-day operations and overseeing support staff in providing quality service to the separate membership bases of the Berkshire County Board of Realtors and the Multiple Listing Service.

The Board of Directors is charged with creating a vision and direction for the activities of the Berkshire County Board of Realtors.

Staff reports to the Chief Executive Officer, and requests for staff assistance should be funneled through that person for the smooth operations of the Board. All staff members are here to help you do the best job possible and work tirelessly in service to the membership. Outlining the staff and forming a well-oiled team is an important part of the Board’s success.

Below is a chart used to help identify responsible parties for the various tasks of the organization.

Duties and Functions Staff President BOD Committees
Financial Management    
Drafts the annual budget x
Revises, reviews and approves the annual budget x x
Develops continuing sources of non-dues revenue x
Performs all bookkeeping and accounting duties. x
Is authorized to act as signatory for the Board and MLS x x
Manages all insurance, payroll, tax and state & national reporting x
Supervises staff bookkeeper and outside accountant.
… Read on

Leadership Resources

The Board and MLS succeed in maintaining order in the Berkshire real estate marketplace through our adoption and enforcement of policies. It is incredibly important that our polices be followed to protect a member’s right to earn a living, be treated fairly, while upholding the code of ethics and ensuring consumer’s right.

Our Mission:  To provide resources to our members so they may serve consumers in an ethical and professional manner.

Leadership Resources

Our Guiding Light

Member Survey Results

Policy Documents by title shown directly below.

Leadership Training 2017

Co-Exclusive Listings

The MLS Board of Directors did extensive research into the issue of co-exclusive listings and their legality in Massachusetts as well as their acceptance in our Multiple Listing Service database.   Here are the results:

What is a Co-Exclusive?

Although many will argue that the term is inherently contradictory, a co-exclusive listing is when two independent, licensed brokers act jointly as a fiduciary listing broker.

Are they legal? Are they ethical?

Yes to both!   Rest assured, there is absolutely nothing in state law or in our Code of Ethics that prevents any agency from entering into this type of co-listing agreement.   It is simply an alternative business agreement.   Consider too that open listings are also valid under state law, ethical and an acceptable business method of working as a fiduciary of a real estate seller in Massachusetts.   And, as you know, every business model has its pros and cons, some being display in the MLS, others not.

When two listing brokers are involved, isn’t it an open listing?

Maybe, but maybe not.   Many states have defined co-exclusive listings in their real estate laws, whereas Massachusetts has not.   The National Association of REALTORS®, author of our MLS Rules and Regulations, has created guidelines for acceptance or denial of co-exclusive listings in the MLS solely based on state law definition.   What a pickle!   For example;

  • If state law defines a co-exclusive as “open” it is NOT to be allowed into the MLS database, but may be an agreement used by any participant if he/she chooses to do so.
… Read on