Q: The Listing Broker is asking for a copy of my Buyer Agreement with my client, am I required to share it?
A: No. Buyer agreements contain private information and business practices, similar to listing agreements. They are not meant to be enforced by other members in the field. The existence of a buyer agreement does not change the terms of compensation offered in the listing agreement or the purchase contracts between the buyer and seller. If there is a discrepancy between what was agreed to on an underlying fee agreement and what services were provided or compensation paid, that would be resolved by the parties to that contract. Compensation details for all brokers involved will be documented in the Purchase and Sale Agreement and the settlement statement.
Q: How do you determine if a tenant has a child under six without asking for age on the application?
A: To avoid potential fair housing discrimination, housing applications do not require the age of occupants to be identified. Usually, the only permissible indication of age is acknowledging an occupant over 18. Once the applicant is approved, landlords will be informed if a child under 6 will occupy the property through the lease agreement. See, for example, Paragraph 8 of MAR’s Standard Residential Lease. This ensures compliance with lead safety regulations without violating the fair housing rights of potential tenants based on familial status. For more information, see The Massachusetts Lead Law.
Q: As a REALTOR benefiting from the release in the NAR Settlement, how should we proceed when MLSs still allow a reflection of compensation?
A: The NAR Settlement releases NAR members from claims by those home sellers that listed a home on an MLS that paid a commission from December 17, 2016 up until the class notice date of August 17, 2024. Importantly, the NAR Settlement does NOT protect a member if they choose to engage in the same or similar practices that were at issue after August 17,…