Consumer Protection Laws
Area V is 10-12% and four items: property disclosures, misrepresentation, privacy, and sanctions and enforcement.
Disclosure and misrepresentation
Massachusetts imposes no general statutory seller's disclosure form, but M.G.L. c.112 s.87AAA3/4(c) obliges both a designated agent and the appointing broker to reveal known material defects in a listed property, and s.87AAA(a) makes knowingly making a substantial misrepresentation in a licensed act a ground for suspension or revocation. Knowledge is the trigger: the duty is to disclose what the licensee knows, not to inspect.
Privacy
M.G.L. c.93I s.2 requires that paper records containing personal information be redacted, burned, pulverized, or shredded before disposal, and that electronic media be destroyed or erased to the same standard, with a civil fine of up to $100 per data subject capped at $50,000 per instance, recoverable by the attorney general. A brokerage clearing out old client files is squarely within it.
Chapter 93A
M.G.L. c.93A s.2 declares unfair or deceptive acts in trade or commerce unlawful. Under s.9(3) a consumer must mail or deliver a written demand for relief at least thirty days before filing suit, identifying the claimant and describing the act and the injury. A respondent who makes a reasonable written tender within thirty days can cap its exposure; a willful or knowing violation, or a bad-faith refusal to grant relief on demand, exposes it to two to three times actual damages plus costs and fees.
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State-specific details
State exam facts
- Exam vendor
- PSI
- Prelicensing education
- 40 additional broker education hours (beyond the 40-hour salesperson course)
- Passing score
- 70%
- Scored questions
- 120
Who regulates real estate brokers in Massachusetts?
The Massachusetts Board of Registration of Real Estate Brokers and Salespersons, within the Division of Occupational Licensure, licenses brokers. The Board contracts with PSI to deliver the licensing exams.
What experience do I need before the Massachusetts broker exam?
Broker applicants generally must have worked as an affiliated salesperson under an active Massachusetts broker for at least three years (a minimum of about 25 hours per week) and complete an additional 40 hours of broker education. Confirm the current requirement with the Board.
How is the Massachusetts broker exam structured?
The Massachusetts broker exam has about 120 questions split into a general portion and a state portion, delivered by PSI, and a score of at least 70% is required to pass.
Sources: https://www.mass.gov/how-to/prepare-for-and-schedule-your-real-estate-license-exam, https://www.psiexams.com/test-takers/massachusetts-real-estate/
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