Changes to Broker's Fees Effective August 1, 2025
Please Note: Boston University does not vet or endorse any of the agent/brokers that are included on the Agent/Broker page. The list is provided as a starting point and is not a comprehensive list of agent/brokers in the Boston area. Renters are encouraged to exercise due diligence in the housing search process.
Before You Contact an Agent/Broker
Starting August 1, 2025, Massachusetts law mandates that only the party who hires the broker—either the landlord or the tenant—must pay the broker's fee. This means:
- If a landlord hires the broker, the tenant does not pay the fee.
- If a tenant initiates contact with a broker and signs a disclosure, they may be liable for the fee, even if it’s verbal or informal.
✅ How to Protect Yourself
- Ask Upfront: “Are you a broker?” “Who hired you for this listing?” “Will the renter be expected to pay a broker fee?”
- Request Written Fee Disclosures: Always ask for a written agreement that outlines who pays the fee. Don’t rely on verbal assurances; verbal engagement can still trigger liability.
- Read Everything Carefully: Review all paperwork before signing or attending showings. Look for terms like “exclusive representation” or “designated agency.”
- Walk Away If Unsure: If the terms aren’t clear or you’re uncomfortable, don’t proceed.
- Choose Trusted Brokers: If you want to hire an agent to assist in your search, visit the Agent/Broker Page for a list of options. Not all agencies charge broker fees.
⚠️Things to Avoid
- Open Houses: Attending without clarifying broker engagement may result in fee liability. Don’t sign in for the event without understanding fee responsibility.
- Emails, Calls, or Texts: Initiating contact with a broker can be interpreted as hiring them.
- Assumptions: Don’t assume “no fee” just because it wasn’t mentioned. Always ask and confirm.
For more information, please visit this FAQ page provided by the Commonwealth of Massachusetts: Frequently Asked Questions About Residential Broker's Fees | Mass.gov.