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Practice Of Real EstateLicense LawMEDIUM

Robert is a licensed Massachusetts real estate salesperson who also holds a Massachusetts attorney's license. A client asks Robert to help sell her home and also to handle all the legal aspects of the transaction, including drafting the purchase and sale agreement and conducting the closing. Robert plans to charge separately for his real estate services and his legal services. Under Massachusetts law, which of the following is most accurate?

Correct Answer

A) Robert may perform both roles, but must disclose to the client in writing that he is acting as both her real estate salesperson and her attorney

In Massachusetts, an individual who holds both a real estate license and an attorney's license may provide both services, but must make clear written disclosures to the client about the dual roles being performed. The client must understand that Robert is serving in two distinct capacities, and the potential conflicts of interest must be disclosed. This is consistent with both Massachusetts real estate regulations and professional responsibility rules for attorneys.

Answer Options
A
Robert may perform both roles, but must disclose to the client in writing that he is acting as both her real estate salesperson and her attorney
B
Robert may not perform both roles simultaneously, as Massachusetts law prohibits dual service as an attorney and a real estate salesperson in the same transaction
C
Robert may perform both roles without any special disclosure, since holding both licenses authorizes him to provide both services
D
Robert may perform the legal services only if he first surrenders his real estate salesperson license to the Board of Registration

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Related Topics & Key Terms

Key Terms:

license_categoriesdual_rolesattorney_licenseedisclosure_requirements

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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