From commission changes to apartment broker fees, without proper training agents risk misleading consumers or stepping on other legal landmines. iStock illustration

Over the last 18 months, the rules of residential real estate have changed dramatically – both nationally and here in Massachusetts.

From new requirements around buyer representation and rental commissions to upcoming regulation around home inspections, these shifts directly impact how people buy, sell, and rent homes.

For consumers, this can feel like a maze of new rules.

For agents, it means ongoing training is more important than ever.

Buyers and sellers should know that the best protection they have in this evolving environment is working with a knowledgeable, well-prepared agent who understands the latest changes and how to guide them through.

Below are three major updates that both consumers and agents should be aware of – and why it’s so important to have an agent who’s trained to navigate them.

Buyer Representation Rules Changing

Offers of compensation can no longer be published on the multiple listing service.

Negotiations around buyer agent compensation can still happen off-MLS, but any up-front offers to buyer agents must be made by the seller.

In addition, buyers must sign written agreements with their agents before touring homes, and these agreements must be clear and specific about compensation.

These new rules raise the stakes for accuracy and consistency. Agents must consistently use clear, compliant buyer agreements – even one missed form or vague compensation clause could create confusion or commission disputes.

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Ongoing training ensures that agents fully understand these changes, avoid missteps, and are prepared to guide their clients with confidence. Updated MLS policies also prevent filtering listings based on compensation, and training helps agents stay compliant while avoiding fair housing risks.

If you’re buying a home, expect to sign a representation agreement up front – something that helps clarify your relationship with your agent from the start.

Sellers, too, now face new considerations around how and when to offer compensation to buyer agents. Those who do so up-front risk overpaying or being included in commission disputes.

Having an agent who is up to date on these policies ensures transparency, protects you from disputes and helps keep the transaction running smoothly.

New Rental Commission Rules

Under Massachusetts’ new rules for apartment rentals, whoever hires the broker pays the broker. If a landlord hires a listing broker, the landlord pays the fee. Tenants only pay a broker fee if they hire a broker themselves and it’s agreed upon in writing.

Every rental listing must now include a clear, written fee agreement with the landlord.

Agents should avoid marketing that implies tenants owe a fee unless the tenant actually hired them. “No fee” claims must match the reality of who hired the broker; inaccurate advertising invites complaints.

Brokerages should also have clear policies for how landlords are billed, and for how tenant fees are disclosed and collected when a tenant hires a broker. Without proper training, agents risk misleading consumers, which could be considered an unfair practice under state law and lead to disciplinary action.

If you’re renting, this rule provides clarity: You shouldn’t be on the hook for a landlord’s broker unless you’ve directly hired one yourself. For landlords, it changes how fees are structured and advertised.

Agents who are trained on the new rules can help both sides avoid confusion and ensure listings are represented honestly.

New Mass. Home Inspection Law

Another big legal change in Massachusetts: Sellers and their agents cannot require buyers to waive a home inspection as a condition of acceptance. Buyers can still opt out of an inspection, but only if the decision is their own.

New required documentation has yet to be created, and those of us in the industry are still awaiting clarity on some elements before these regulations go into effect Oct. 15.

Listing agents must be fluent in handling offers that attempt to waive inspections and in guiding sellers toward compliant counter-strategies. Training is key to ensuring transactions move forward smoothly without violating the new rule.

Colleen Barry

Brokerages should also prepare playbooks for scheduling inspections quickly in competitive markets so buyers don’t feel pressured to skip them. However, we are all in a holding pattern until details are clarified and documentation is created.

Buyers can’t give up their right to a home inspection to make their offer more appealing. Sellers will need to adapt to this new standard but can still achieve a successful sale with proper guidance.

A well-trained agent ensures both sides understand their rights and helps keep the deal on track.

The Bottom Line

The real estate landscape is shifting quickly, and for agents, the direction is clear: invest in training now. Mastering the new buyer-agreement rules, understanding the “hirer pays rental changes,” and preparing for the Oct. 15 inspection regulations are no longer optional – they’re essential.

For consumers, these updates highlight why it’s so important to work with an agent who is fluent in the latest rules and practices. A knowledgeable agent not only protects you from risk but also ensures your buying, selling, or renting experience is as successful as possible.

Brokerages that lead on education will continue to deliver the greatest value – through reduced risk, stronger reputations and better results for their clients.

This article provides general information only and is not intended as legal advice. For complex situations, buyers, sellers and landlords should coordinate with legal counsel to ensure their specific circumstances are fully addressed.

Colleen Barry is CEO of Gibson Sotheby’s International Realty.