Commission Conundrums
A buyer calls you asking to submit an offer without committing to a buyer’s agreement. What’s your move under the new commission laws?
What is politely inform them that, due to the new laws, a buyer’s agreement must be in place before any serious offers are made?
A seller wants to list their home, but their spouse isn’t on the deed. Do they still need their spouse’s signature on the listing agreement?
What is "No, you cannot contract to sell something you do not own"
In MA, which document holds more legal weight in a real estate transaction—the Offer or the Purchase & Sale (P&S) Agreement—and why?
What is the Purchase & Sale (P&S) Agreement? While the offer outlines initial terms, the P&S is the binding contract that finalizes the details, includes additional protections, and is the document attorneys focus on in case of disputes.
This famous TV couple made flipping houses trendy with their hit HGTV show.
Tarek and Heather Rae El Moussa
Your buyer decides to purchase a property directly through the listing agent without notifying you. How does the new commission law protect you in this situation?
What is having a signed buyer agreement? If you have an exclusive agreement with the buyer, you’re still entitled to commission, even if they go behind your back to submit an offer!
When signing a listing agreement, why is it important to verify who the actual seller is?
What is because the legal owner(s) of record must sign the listing agreement for it to be valid? If the property is held in a trust, estate, or LLC, the correct authorized party—such as a trustee, executor, or managing member—must execute the agreement to avoid legal issues down the line.
As of July 15, 2025, what significant change did Massachusetts implement regarding home inspections in real estate transactions?
What is the new Massachusetts law that prohibits sellers and their agents from requiring or encouraging buyers to waive a home inspection as a condition of an accepted offer? This law is designed to give buyers more negotiating power while preventing sellers from coercing them into waiving their right to an inspection, while still allowing flexibility in the transaction process.
In 'Selling Sunset,' the agents work for this luxury real estate firm.
What is The Oppenheim Group?
Your buyer is eager to start touring homes but isn’t ready to sign a buyer’s agreement. When should the buyer’s agreement be signed to ensure you're protected under the new commission laws?
What is before you start showing homes. Under the new commission laws, a signed buyer’s agreement must be in place before you engage in serious actions like touring properties or negotiating on behalf of the buyer, ensuring you’re entitled to your commission.
These two conditions—often overlooked by listing agents—can silently drag down a home’s appraised value, even if the comps are strong.
What are functional obsolescence and external obsolescence (like layout issues or being next to power lines)?
What’s the difference between explicitly waiving an appraisal in an offer versus simply not mentioning it?
What is waiving an appraisal means the buyer is agreeing to proceed with the purchase regardless of the appraised value, potentially covering a shortfall in cash? Not mentioning an appraisal means the standard financing contingency still applies, allowing the buyer to renegotiate or walk away if the appraisal comes in low.
The most expensive property ever sold in MA, is in this city.
What is Nantucket?
You’re working with a buyer who has a signed buyer’s agreement that outlines a 2.5% commission. The seller offers a 3% commission. Can you accept the higher commission from the seller?
What is no. The buyer’s agreement clearly states the commission you are bound to and you cannot accept more. Unless you have specific language added to the agreement which allows you to accept the difference from the seller or the agreement is amended to reflect the higher commission. Communication and agreement updates are key!
What is the difference between "Power of Sale" and "License to Sell" in real estate transactions?
What is "Power of Sale" is a lender's right to sell a property without court approval in the event of foreclosure, while a "License to Sell" is a court-approved authority (often in probate cases) allowing an executor or personal representative to sell a property on behalf of an estate?
In a real estate contract, what is a "material term," and why does it matter?
What is a key provision in the contract that significantly impacts the rights and obligations of the buyer or seller? Material terms include price, closing date, deposit amounts, and contingencies—changing them can alter the deal entirely.
Which rapper famously purchased a $88 million mansion in Bel-Air in 2017?
What is Jay-Z & Beyonce