Key Takeaways
- Massachusetts uses unique "facilitator" terminology instead of traditional agent roles
- A facilitator assists both parties without owing fiduciary duties to either
- Designated agency allows one agent to represent the buyer and another to represent the seller within the same firm
- Written agency disclosure is required at the first personal meeting to discuss specific property
- Dual agency requires informed written consent from both parties
Last updated: January 2026
Massachusetts Agency Relationships
Massachusetts has a unique approach to agency that differs from many other states, including the concept of "facilitator."
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Agency Types in Massachusetts
Seller's Agent (Listing Agent)
| Duty | Description |
|---|---|
| Fiduciary duties | To seller only |
| Loyalty | Put seller's interests first |
| Disclosure | All material information to seller |
| Confidentiality | Protect seller's private information |
| Negotiation | Advocate for best terms for seller |
Buyer's Agent
| Duty | Description |
|---|---|
| Fiduciary duties | To buyer only |
| Loyalty | Put buyer's interests first |
| Disclosure | All material information to buyer |
| Confidentiality | Protect buyer's private information |
| Negotiation | Advocate for best terms for buyer |
The Massachusetts Facilitator
UNIQUE TO MA: A facilitator is NOT an agent:
| Feature | Facilitator | Agent |
|---|---|---|
| Fiduciary duties | NONE to either party | Yes to client |
| Advocacy | NONE | Must advocate |
| Confidentiality | Limited | Full protection |
| Loyalty | None owed | Complete |
| Role | Transaction assistance | Representation |
What a Facilitator Does
Facilitator Duties
| Can Do | Cannot Do |
|---|---|
| Show properties | Advocate for either party |
| Provide forms | Negotiate on behalf of party |
| Transmit offers | Give confidential advice |
| Coordinate closing | Keep secrets for one party |
| Answer general questions | Recommend offer amounts |
When Facilitator Status Applies
| Situation | Result |
|---|---|
| No agency agreement signed | Default to facilitator |
| Dual agency not consented | May become facilitator |
| Licensee choice | Can choose to be facilitator |
KEY EXAM POINT: A facilitator owes NO fiduciary duties to either party and cannot advocate for either buyer or seller.
Dual Agency
When one agent represents both buyer and seller:
| Requirement | Details |
|---|---|
| Written consent | From BOTH parties |
| Informed consent | Must explain implications |
| Before representation | Consent before dual agency begins |
| Cannot advocate | For either party |
Dual Agency Limitations
| Cannot Do | Must Do |
|---|---|
| Reveal confidential info | Treat both fairly |
| Advocate for one party | Present all offers |
| Recommend price to either | Maintain impartiality |
Designated Agency
Allows different agents in same firm to represent each party:
| Feature | Description |
|---|---|
| Broker designates | Which agent for which client |
| Separate representation | Each has their own agent |
| Information barriers | Between designated agents |
| Broker supervision | Remains neutral |
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Test Your Knowledge
What fiduciary duties does a Massachusetts facilitator owe to the parties?
A
B
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D
Test Your Knowledge
What is required before a Massachusetts licensee can act as a dual agent?
A
B
C
D