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AgencyFiduciary_dutiesEASY

Sarah is a licensed salesperson in Massachusetts who represents a buyer named Tom. During their first personal meeting to discuss a specific property, Sarah fails to provide the mandatory written agency disclosure form. Under 254 CMR 3.00, which of the following best describes the consequence of this omission?

Correct Answer

B) Sarah has committed a regulatory violation subject to Board disciplinary action.

Under 254 CMR 3.00, Massachusetts requires licensees to provide the written agency disclosure form at the first personal meeting to discuss a specific property. Failure to provide this disclosure is a violation of Board regulations and subjects the licensee to disciplinary action by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons (BORREBS), which may include fines, license suspension, or revocation.

Answer Options
A
The agency relationship is automatically void and Sarah must start over.
B
Sarah has committed a regulatory violation subject to Board disciplinary action.
C
Tom may rescind any purchase agreement signed within 30 days of the meeting.
D
Sarah must provide the disclosure at the next meeting to cure the deficiency.

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesagency_disclosure254_CMR_3BORREBSbuyer_agency

Related Concepts

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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