Differences between MA / CT / FL / RI

Agents attending closings

• • MA - Agents are not expected to be at closings

  • CT - Many attorneys expect the agents at the closing in, make sure you give them a heads up if you won’t be there to avoid confusion.  

  • FL - Agents are not expected to be at closings but it is very highly recommended on the buy side

  • RI- Agents are not expected to be at closings, but it is highly recommended on the buy side

Buy Side

• 1. First Personal Showing

     • MA - You must have the client sign an agency disclosure form

     • CT- There is no agency disclosure, instead you must get a buyer contract signed the first time you meet with a client. The contract could be just for one day, or just for one property, but you need one. We recommend that the contract be for 12 months, and it be good for the county they are looking in. Click Here for a CT Buyer’s Contract.

     • FL - No documents required to be signed as a Transactional brokerage relationship is assumed. There is the Exclusive Buyer Brokerage Agreement that must be signed when relationship is established Offers/Purchase & Sale Contract Offers/Purchase & Sale Contracts

     • RI - No documents are required to be signed at first contact - There is an exclusive buyer agreement that must be signed once a relationship is established as well as a mandatory relationship disclosure (this form must be sent with all offers to co broke)

  2. Offers/Purchase & Sale Contracts

     • MA - In Western MA you start with an offer which is legally binding then you work with the attorneys and office staff to get a purchase and sale agreement that is acceptable to both parties.  Click HERE for information on how to fill out an offer

     • In the Berkshires - You will go straight to P and S for your offer. Use This Standard Berkshire MLS standard p and s form 

     • In Worcester county, and Cape Cod and the Islands- They primarily use MAR forms - you should be using this Offer to Purchase Real Estate contract . The attorney will draft the purchase and sale 

     • CT Unlike MA, there is no offer in CT, you go straight to purchase and sale which is a standardized fill in the blank form.  Changes to the purchase and sale are done by standardized forms which you can access in Dotloop.  Click HERE for a video on how to fill out the CT Purchase Contract.

     • FL - In FL you go straight to contract there is no offer. There are two types of Contracts: the As is Residential Contract for Sale and Purchase or the Residential Contract for Sale and Purchase.  Changes to the purchase and sale are done by standardized forms which you can access in Dotloop. (I do have links in Zendesk for how to write both offers and the difference between the two)

     • RI - In RI you go straight to purchase and sale which is a standardized fill in the blank form (different P&S for different property types). Changes to the purchase and sale are done by standardized forms which you can access in Dotloop.

  3. Inspections

     • In MA you could technically do the inspection yourself and still back out for inspection purposes.

     • In Worcester County, and Cape Cod and the Islands inspections are typically done prior to P and S being drafted. This is because the buyer pays the attorney to draft the contract so it would be an unnecessary expense for the contract to be written if the inspections/negotiations are not up to the buyers standard .

     • Berkshires: inspections are done within 7-14 days of FE P and S

     • In CT you must use a CT licensed engineer or CT licensed home inspector if you want the ability to back out for inspection purposes.

     • In FL Inspections are highly encouraged but can be waived no licensed inspector is required 

     • RI - Inspections are done AND negotiated within 10 Business days of executed contract. Inspections must be done by RI licensed home inspectors. Can back out due to inspections within the 10 business day period even if inspections are for “informational purposes only”

* Buyers can choose to waive inspections in any state, but the buyer must sign an inspection waiver.

Required Disclosures

All States

• • • Lead Paint (If built before 1978)

    • Affiliated Business (Company Level and potentially agent level)

MA

• • • • Agency Disclosure

      • Consent to electronic signature (separate document)

CT

• • • Buyers Contract

    • Consent to Electronic Signature - Its  built into the buyer's contract, the listing contract, and the purchase contract.  

    • Seller’s Statement of property condition

    • CT - Some areas in Hartford county are experiencing a major issue with foundations which is being referred to as the “crumbling foundation” issue.  Sellers and Buyers are both required to sign this advisory prior to striking a deal.

      1. Click Here for the Buyer Foundation Advisory

      2. Click Here for the Seller Foundation Advisory

FL

• • • Seller Property Disclosure

    • Affiliated Business and Services Disclosure

    • Any state Consent to electronic Signature

    • Buyer Brokerage Agreement

    • Standard Buyer Disclosure

RI

Buy & List Side

• Multi Unit Addendum to sales disclosures (multi family only)

• Mandatory relationship disclosure 

Buy Side Only

• Exclusive buyer representation agreement           

List Side Only  

• Sellers Sales Disclosures (not required for foreclosures, estate sales, new constructions)

List Side

1. The Seller’s Statement of Property Condition
   
   

   • MA is not required

   • CT - The Residential Property Condition Disclosure Report (similar to seller's statement of property condition in MA) is a mandatory document and it must be attached to the listing in mls and must be present at the house for all showings.  If the seller is unable, or unwilling to fill out this form (think bank owned), then the seller must provide a $500 credit to the buyer at closing.

   • FL It is required

   • RI - Sellers Sales Disclosures is required (not required for foreclosures, estate sales, new constructions)

2. Smoke Certificate
   
   

   • MA - Required

   • CT - The seller is not required to provide a smoke certificate in CT.  They have two options: a. Sign an affidavit that says that all smokes and carbons are properly positioned and working, or b. Give a $250 credit at the closing.

   • FL - No smokes in FL

   • RI - Required unless a cash sale then optional

3. Septic System
   
   

   • MA - Passing Title V Inspection Certificate required to close.  Seller pays for it.

   • CT - Not Required. It's the buyer's duty to have it inspected.  If the buyer chooses to have it inspected, the buyer would pay for the inspection, but it would be the seller's responsibility to have it pumped if that was required for inspection.

   • FL - Does not need a passing title 

   • RI - Not Required. It's the buyer's duty to have it inspected. If the buyer chooses to have it inspected, the buyer would pay for the inspection, but it would be the seller's responsibility to have it pumped if that was required for inspection and buyer asks in advance of inspections and as part of the offer

4. Deferral of Showings
   
   

   • MA - You can do deferral of showings.  We recommend listing properties on Tuesday and deferring all showings until Open House on Sunday. (Please note you can do non mls listings and you can Click Here for the required form).

   • CT -  You can not do deferral of showings in CT when you list  .  We recommend listing properties on Thursdays and doing 48hrs notice for showings (Please note you can do non mls listings and you can Click Here for the required form).

   • FL -  You can not do deferral of showings in Fl when you list but you can do a Temp Withhold the listing from MLS

   • RI - You can do a deferral of showings in RI for a max of 7 days and form must be uploaded into MLS or you will get fined

5. Non MLS Listings
   
   

   • MA - You can do this just fill out THIS form and submit to MLS

   • CT -  You can do this just fill out THIS With hold from Mls form in SmartMLS/ Connect MLS 

   • FL - You can do this just fill out THIS Stellar MLS OFFICE EXCLUSIVE – NO ENTRY INTO THE MLS

   • RI - You can do this and submit form to MLS - no mls entry required

6. Commission Disbursement
   
   

   • MA - The attorneys will typically cut the brokerage the amount they are due less the amount we are holding in escrow. 

   • CT - The attorneys will ask for the deposit check to be cut back to them

   • FL - The title company holds the escrow so brokerage will be cut full commission

7. “Coming Soon” Marketing
   
   

   • MA - Is allowed using THIS Form

   • CT - You can do “Coming Soon” Marketing for a listing if you follow the detailed instructions on THIS Form.

   • FL You cannot do coming soon listings in FL

   • RI - Principal Broker can decide if their office will pay co broke or if co-broke can be paid at closing (if paying an agent post closing, commission must be paid within 10 days)

Open Houses

In MA

• In MA The Seller's Statement of Property condition is not required and therefore doesn't need to be present at Open House. 

• One of these 2 types of disclosures must be present 

  • Seller's Agent

  • Facilitator

In CT

• In Ct Residential foundation advisory included in listing binder 9 (if necessary)

• In Ct The Residential property condition report is REQUIRED at open House

•  

In FL

• No Disclosures Required

In RI

• No Disclosures Required