The Board of Registration of Real Estate Brokers and Salespersons is the government authority that licenses and regulates real estate brokers in Massachusetts. The Board's responsibilities include:
- Licensing. Licensing qualified individuals, businesses, and schools to practice real estate in Massachusetts
- Setting requirements. Establishing requirements for brokers and salespersons to protect citizens' rights
- Overseeing education and testing. Overseeing real estate schools and organizations that train and test agents
- Ensuring compliance. Ensuring agents continue to follow real estate rules and regulations
To become a real estate broker in Massachusetts, you must:
- Be at least 18 years old
- Have a current Massachusetts salesperson license
- Have been licensed and affiliated with a Massachusetts broker for at least three years, working at least 25 hours per week
Problems that Licensed Massachusetts Real Estate Professionals May Face
Real estate professionals in Massachusetts can face several licensing problems, including:
- Misrepresentation: Knowingly misrepresenting information, such as embellishing, omitting, or obfuscating information
- Failure to disclose: Failing to disclose information, such as an undisclosed principal, dual agent, or commission
- Practicing while impaired: Practicing while under the influence of drugs, alcohol, or other substances
- Practicing with an expired, revoked, or suspended license: Practicing while a license is expired, revoked, or suspended
- Falsifying applications: Falsifying license applications or license renewal applications
- Assuming unqualified duties: Taking on duties that the professional is not qualified to perform
- Failing to report a conviction: Failing to report a criminal conviction
- License expiration: A license that has been expired for more than two years must be reinstated
A lack of disclosure is the most common offense that leads to lawsuits against licensees.
If you face threats to your Massachusetts professional real estate license, do not try to navigate this situation alone. Talk to an experienced Lento Law Firm professional license defense attorney who can offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
How Identity Theft Could Affect Your Professional Real Estate License
Identity thieves have many methods for stealing identifying information from you, including credit card numbers, addresses, and Social Security Numbers. If you're a licensed Massachusetts real estate professional and have had your identity stolen, you might be concerned about how this incident could impact your professional license. Could your license be at risk somehow because your identity was stolen?
Identity theft happens when a thief steals your personal information without your knowledge to commit fraud or theft. Knowing how to guard your personal information is your first defense against identity theft. Identity theft is often a silent crime. Experienced identity thieves may use your information for months—even years—while you remain unaware.
Identity theft can affect a real estate professional's license in Massachusetts in several ways, including:
- Disciplinary actions. A licensing board may take disciplinary actions against a real estate professional whose license is affected by identity theft, such as:
- Revoking the license
- Suspending the license
- Placing restrictions on the license
- Imposing fines
- Placing the professional on probation
- Requiring the professional to work under the supervision of another licensed professional
- Issuing a formal reprimand
- Notifying the authorities. Massachusetts law requires businesses that own or license personal information to notify the Office of Consumer Affairs and Business Regulation and the Office of the Attorney General if they know of a security breach.
Massachusetts Investigation Process for Licensed Real Estate Professionals
The Massachusetts investigation process for licensed real estate professionals includes:
- Review: Discipline officials review information to determine if it supports a rule violation
- Complaint: The grievance official or discipline board serves the complaint and supporting documentation to the professional
- Investigation: Grievance officials investigate allegations of misconduct
- Hearing: Both sides present evidence to the hearing officer or panel
- Decision: Hearings generally result in a written decision
The Massachusetts Board can investigate actions including:
- Failing to provide a copy of the purchase and sale agreement
- Violating Chapter 151B (the state's employment discrimination law that protects employees and applicants from discrimination in hiring, promotion, compensation, and benefits)
The Board can also suspend, revoke, or refuse to renew a license for substantial misrepresentation, criminal offense, or failure to comply with requirements.
Due Process for a Massachusetts Real Estate Investigation
The Massachusetts Board can investigate complaints, revoke or suspend licenses, and determine if an individual meets the Board's standards for safe practice. The Board's process for real estate license investigations includes:
- Review: The Board reviews information to determine if it supports a rule violation. This thorough review considers all relevant information, including the licensee's history, the nature of the alleged violation, and any mitigating circumstances.
- Investigation: The Board investigates allegations of misconduct.
- Hearing: The Board holds a hearing where both sides present evidence and may summon witnesses, administer oaths, and take testimony by deposition.
- Decision: The Board issues a written decision based on the hearing. The hearing is an opportunity for both sides to present their case, and the Board's decision is based on the evidence presented and the relevant laws and regulations.
The Board's Criminal Offender Record Information (CORI) Policy outlines the guidelines for determining if the Board should deny a license due to criminal matters. Certain crimes, including murder, rape, and kidnapping, automatically disqualify a license without a Board review. Other factors that the Board considers include:
- The amount of time since the conviction
- Whether the licensee has pending charges
- The seriousness of the offense
- The age of the licensee at the time of the offense
- The number of offenses
- Any relevant rehabilitation
You can resolve real estate disputes through:
- Negotiation: Parties directly discuss and settle their differences without formal intervention
- Arbitration: A neutral third party makes a binding decision after hearing both sides
- Mediation: The process focuses on facilitating communication and reaching a mutually acceptable agreement
Consequences of a Massachusetts Real Estate Investigation
It's crucial to be aware of the potential consequences of a real estate licensing investigation in Massachusetts. These can include:
- License suspension or revocation: The Board can suspend or revoke a real estate license for a variety of reasons, including:
- Criminal offenses
- Substantial misrepresentation
- Failure to comply with requirements
- Violating the Fair Housing Act
- Fines: The Board can impose a fine as a minor sanction. A person who practices real estate without a license can be fined up to $500, for example.
- Other punishments: A person whose license is suspended or revoked may face other punishments.
- Reinstatement: The Board can reconsider decisions and reinstate or reissue licenses.
The consequences of a real estate licensing investigation depend on the nature and severity of the violation. For instance, a real estate agent who fails to meet the Continuing Education (CE) deadline for license renewal may have their license put on hold until they complete the required education. This is a common issue that can be resolved by fulfilling the CE requirements.
The DOL's Office of Investigations investigates complaints about real estate licensees and refers them to the relevant registration board for review.
What Happens If You Lose Your Massachusetts Professional Real Estate License?
If you lose your Massachusetts real estate license, you can request a duplicate license through the Board's ePlace Portal.
You can also request a duplicate license if you change your name or address. To change your name, you'll need to:
- Upload a copy of your court document or marriage certificate
- Surrender your old license to the Board office
If your license has expired for more than two years, you can reinstate it by:
- Completing the "Request for Reinstatement Application"
- Obtaining a bond
- Completing 12 hours of continuing education, unless you are a Massachusetts Attorney in good standing with the Board of Bar Overseers
To reactivate or reinstate your license, you'll need your License number, expiration date, and Social Security number.
Why Hire a Lento Law Firm Professional License Defense Attorney
The Massachusetts Board of Registration of Real Estate Brokers and Salespersons rules can be intricate, and an attorney must interpret them accurately to identify potential defenses and legal strategies. A Lento Law Firm professional license defense attorney with experience in real estate licensing matters can efficiently navigate the formal complaint process, including hearings and appeals. If the complaint involves potential license suspension or revocation, our attorneys can advocate strongly to minimize the impact on your ability to practice real estate.
Our Lento Law Firm Defense Attorneys know Massachusetts's threats to real estate professional licenses are more than just administrative matters. Our attorneys help real estate brokers who are under investigation by the Massachusetts Board in several ways, including:
- Responding to a complaint:Attorneys can help brokers respond to a complaint before the deadline.
- Defending against allegations: Attorneys can help brokers defend against misconduct allegations.
- Obtaining a favorable outcome: Attorneys can aim to help brokers obtain a favorable outcome, which may be less costly at the inquiry stage than at a formal hearing.
- Working out a resolution: The Lento Law Firm has a good working relationship with the Massachusetts Board and can often work out a resolution without a formal hearing. Brokers can discuss their situation with a Lento Law Firm professional license defense attorney to decide whether to obtain legal representation.
Our Lento Law Firm Professional License Defense Team Can Help You
If you face threats to your Massachusetts professional real estate license, do not try to navigate this situation alone. Talk to an experienced Lento Law Firm professional license defense attorney who can offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
