Things Renters Should Know when Dealing with a Real Estate Agent Anyone in the business of finding living accommodations for another for a fee, commission, or other valuable consideration must be licensed as a real estate broker or salesperson. - Make sure the real estate agent is licensed and in good standing with the Board. Call (617) 727-2373. Check Here
- When seeking to rent or lease an apartment, house, or condominium through a real estate broker or salesperson, you may be asked to complete an application. Know what you are signing. Some applications may bind you to a fee that must be paid whether or not you ever sign a lease.
- Even when a standard application form (a form that contains "standard" language) is used, you can submit the application with changes that reflect your terms.
- There are no "agency disclosure" regulations for agents finding rental or lease property for a fee. Ask who the agent represents - you or the landlord?
- If you are asked to make a deposit, find out what the deposit will be applied to - first or last month's rent, security deposit, or a fee and under what circumstances, if any, might you forfeit any portion of that money.
- Determine whether it is you or the landlord who will pay the agent's commission. If you are required to pay the commission, find out when the payment is due.
It is illegal for an apartment listing service to advertise or otherwise represent listings that claim to meet certain specifications when, in fact, they do not, or to state that it has listings meeting certain specifications when it has no such listings. It is also illegal for an apartment listing service to induce you to sign a contract by falsely representing that it has listings that conform to your requirements at the time the contract is executed. --------------------------------------------------------------------------------
Your Responsibility as a Consumer Whether you are a buyer, a seller, landlord, or a potential tenant, the duties of a real estate broker or salesperson do not relieve you of the responsibility to protect your own interests. If you have questions concerning your particular transaction, pose them to the agent. If you need advice on legal, tax, insurance or other matters, it is your responsibility to consult a professional in those areas. It is illegal for a broker or salesperson to advise you against using the services of an attorney in any real estate transaction. --------------------------------------------------------------------------------
Filing a Complaint While the majority of licensees conduct themselves as true professionals, the Division of Professional Licensure will take action against those who violate the statutes or the Board's rules and regulations. In many cases, complaints are made by dissatisfied consumers - but, dissatisfaction alone is not proof of incompetence or sufficient grounds for disciplinary action. If you have a serious complaint against a real estate broker or salesperson, call or write the Division's Office of Investigations and ask for a complaint form: Division of Professional Licensure
Office of Investigations
239 Causeway Street, Suite 400
Boston, MA 02114
tel. (617) 727-7406 |