By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Does the MLS PIN settlement require additional compensation disclosures than what is already included in the MAR Exclusive Right to List agreements?   

A: Yes. The MLS PIN settlement received final approval on September 29, 2025. As a term of that settlement agreement, MLS PIN agreed to require listing brokers to make a mandatory disclosure to sellers indicating that MLS PIN does not require seller’s to pay buyer brokers. While the MAR listing agreements do expressly disclose that compensation to buyer’s brokers is not required, is negotiable, and not set by any person or entity other than the broker and the seller, the mandatory disclosure required by MLS PIN includes additional language specific to that platform. For those members who list properties with MLS PIN, the Exclusive Sale and Listing Agreement Compensation Certification Addendum with MLSPIN’s required disclosure language has been uploaded to the MAR Forms Library and may be used with the MAR Exclusive Right to List agreements.   

Q: Starting October 15th, must a buyer conduct a home inspection?  

A: No, the new laws and regulations do not require a buyer to complete a home inspection, The law ensures that buyers have the unwaivable right to choose whether or not to conduct a home inspection after they have entered into a contract to purchase. To effectuate this right, the seller is prohibited from accepting an offer, or conditioning an offer’s acceptance, on the buyer’s agreement to waive, limit, restrict or forego a home inspection.  At the same time, the prospective buyer and buyer’s agent cannot express, directly or indirectly, an intention not to perform an inspection before the contract is signed. This includes indicating unreasonable time frames or repair thresholds for example that would render the home inspection contingency meaningless. However, once the parties are under contract, the buyer is not obligated to have a home inspection, provided they have received the necessary written disclosure and have not been influenced or pressured by the seller or the listing agent to do so.  

See MAR’s webpage dedicated to Home Inspection Regulations for more information.  

Q: As the listing agent, am I required to disclose that a property is haunted or that a death occurred on the property?  

A: No, you are not required to disclose suspected paranormal activity or deaths that happened on a property. These situations fall under the psychologically impacted property statute. Essentially, a death or paranormal activity at the property is not a material fact under the law to be disclosed to potential buyers. You do not have a duty to investigate or proactively disclose information about murders, suicides, paranormal phenomena, or other potential stigmas associated with the property. However, if a prospective buyer directly inquires about these events, a REALTOR® is obligated to provide a truthful answer. If you do not know the answer or if the buyer requests additional information, REALTORS® should guide the buyer to an appropriate resource.  

See Stigmatized Property Law (Ch. 93, Section 114) 

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 legal@marealtor.com.