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AgencyFiduciary_dutiesHARD

Under 254 CMR 3.00, Massachusetts recognizes several types of agency relationships that licensees may enter into with clients. Which of the following is NOT a recognized agency relationship under 254 CMR 3.00?

Correct Answer

C) Transaction brokerage, where the licensee acts as a neutral non-agent facilitator for both parties

Transaction brokerage — where a licensee acts as a neutral, non-agent facilitator for both parties without owing fiduciary duties to either — is NOT a recognized agency relationship under 254 CMR 3.00 in Massachusetts. Massachusetts law recognizes seller agency, buyer agency, dual agency, and designated agency. Some states formally recognize transaction brokerage as a distinct category, but Massachusetts does not. Licensees in Massachusetts who work with both parties must use dual agency or designated agency with proper disclosures and consent.

Answer Options
A
Seller agency, where the licensee represents the seller and owes the seller fiduciary duties
B
Buyer agency, where the licensee represents the buyer and owes the buyer fiduciary duties
C
Transaction brokerage, where the licensee acts as a neutral non-agent facilitator for both parties
D
Designated agency, where the broker appoints separate licensees to represent each party within the same brokerage

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Related Topics & Key Terms

Key Terms:

fiduciary_dutiesagency_relationshipstransaction_brokeragedesignated_agency254_CMR_3reverse_question

Related Concepts

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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