Right to Farm Clarification

Lately, we’ve fielded a lot of questions about Right to Farm (RTF) at our SOS meeting and from town leaders.  First, the towns that require disclosure  want to make sure buyers know they may be exposed to farm activities (smells, tractors, cow crossings, dust, noise).  It does NOT mean the buyer actually has a right to use their property as a farm. (that’s a whole different issue).  To properly comply with right to farm rules for towns who have adopted RTF bylaws, Listing brokers should:

STEP 1) Note it in the MLS (the list is in the help button right in FlexMLS as well) |  STEP 2) Talk to your seller about providing this disclosure form to buyers at the purchase and sale time, (it’s in your Exclusive Right to Sell to remind you to have the conversation  |  STEP 3) Within 21 days of P&S execution, make sure the buyer signs the RTF disclosure notification | STEP 4: Provide a copy to the Board of Selectmen or their designee (town clerk in some cases) before the sale (Note:  This form must be signed by the buyer and on file with the town before transfer or else a fine in the amount of $300 can be assessed.)  |  EXTRA STEP: Save a copy in your closing file.

Thanks to all of the towns (most) that accept our standard Right to Farm form.

Special Note: Although Pittsfield, North Adams and Hinsdale have adopted RTF bylaws, it does NOT require the disclosure be filed with the city).  Their bylaws say, “Property owners shall make efforts to inform prospective tenants and buyers that ______ is a Right to Farm Community.”  If the seller provides the standard disclosure, that’s sure “efforts to inform”!