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Salesperson Diego provides buyer client Rosa with the Massachusetts mandatory agency disclosure form at their first meeting to discuss a specific property. Rosa reviews the form but declines to sign it. What should Diego do?

Correct Answer

B) Note on the form that Rosa refused to sign, retain the form in the file, and continue working with Rosa

Under 254 CMR 3.00, if a consumer declines to sign the agency disclosure form, the licensee should note the consumer's refusal on the form, retain the form in the transaction file, and may continue working with the consumer. The licensee's obligation is to provide and present the form — the consumer cannot be forced to sign it. Documenting the refusal protects the licensee by demonstrating that the disclosure was properly made.

Answer Options
A
Refuse to show Rosa any properties until she signs the disclosure form
B
Note on the form that Rosa refused to sign, retain the form in the file, and continue working with Rosa
C
Report Rosa's refusal to the Massachusetts Board of Registration within 5 business days
D
Require Rosa to sign a separate waiver form before proceeding with any agency services

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Related Topics & Key Terms

Key Terms:

agency_disclosureconsumer_refusaldocumentation254_CMR_3record_retention

Related Concepts

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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