Legal Hotline: Can Someone From My Office Cover My Open House?
May 8, 2018 Legal Updates MAR Legal Hotline
Yes, you can have another person from your office cover your open house, as long as you obtain your client’s permission ahead of time. It is critical to have a conversation with your seller prior to having another agent host an open house on your listing. Your seller should be informed of the options available for coverage – is the person an unlicensed assistant? Will they be acting as a seller’s agent or a facilitator hoping to land a buyer client?
Massachusetts Regulation (254 CMR 3.00(13)) requires a conspicuous disclosure of any pre-existing agency relationship at an open house. If a seller agrees to have an agent from your office host an open house as a facilitator, not only does that agent need to have a signed agency disclosure with the seller, but their role as facilitator must be displayed at the open house. The following is an example of an appropriate disclosure:
Remember to keep the best interests of your client in mind when having this conversation, and don’t try to “steer” them to the choice you want.
The information and services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at email@example.com.