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Massachusetts Association of Buyer Agents (MABA)
Position on the Proposed MAR Agency Duties Legislation

April 1, 2003

Background: This paper defines the position that MABA is taking on the proposed legislation changing real estate agency duties in Massachusetts.

MABA Positions:

1. Our Association is against the proposed legislation because it is anti-consumer, complicated, reduces our professional standing, and provides for the abuses and consumer harm of undisclosed dual agency.

a. Non Agency is already legal and dangerous without informed consent.

b. Informed consent from sellers for sub-agency is already required under the Common Law.

c. Designated Agency is undisclosed dual agency.

2. Our Association supports the Common Law as the underpinning of our industry. The extant licensee duties now available under the Common Law provide all the options and protection consumers need in the marketplace. (Seller Agents, Buyer Agents, Disclosed Dual Agents, and Non-Agents).

Approved by the MABA Board of Directors on April 1, 2003