News

View All

REFA Members,

2020 has been an unexpected year, and REFA thanks you for your continued support of our organization. 
Click on the photo below to view a special video message from the 2020 REFA Board.
REFA Board Video
GBREB NEWS

Newton Centre Realty, Inc v David Jaffe

Newton Center Realty, Inc. V David Jaffe
Massachusetts Appeals Court
No. 19-P-1082
Argued 3/3/20-Decided 6/23/20

On June 23, 2020 the Massachusetts Appeals Court decided a case of first impression in the Commonwealth regarding brokerage fees.  The question addressed was does the death of a seller terminate a real estate brokerage agreement between the seller and a broker.

Facts: 
In 2017 a seller entered into three exclusive brokerage agreement to sell two residential properties in Brookline and one in Newton.  The agreements were on standard GBREB forms.  Under each agreement the broker was entitled to a four percent commission.  The seller died and the seller’s son sold the properties independent of the broker, but within the exclusivity period of the agreements that had been properly executed.  The broker sued the Sellers estate and was unsuccessful at trial.  The case was brought up on appeal. This issue had not been decided under Massachusetts law.  

Decision: 
The agreements here created a principal-agent relationship that entitled the broker to a commission if Shirley’s (the Seller) properties were sold within the exclusivity period.  They did not confer an interest in the property.  Accordingly, Shirley’s death terminated the agency relationship, and the broker was not entitled to recover contract damages from Shirley’s estate.  The Superior Court judge properly dismissed the complaint for failure to state a claim. 
The Appeals Court upheld the lower court ruling that the death of the seller terminated the agency relationship, and the broker was not entitled to a commission.
 



Broker Fee Appeals Court Decision
GBREB NEWS

MEMBER RESOURCES

Information is rapidly changing.  GBREB will update this post as new information becomes available. There's a lot of information about government's response to COVID-19, however we have narrowed the focus of this page to issues impacting the real estate industry to serve as a resource for our members. 

Additional information, including legal advisories are available to members here .

MASSACHUSETTS EXECUTIVE ORDERS AND ADVISORIES
Reopening in Massachusetts 5/18/19
Phase 1 Re-Opening Safety Standards For Workplaces , EOHED, 5/12/20
Re-opening: Four Phase Approach, EOHED, 5/12/20
Advisory on Residential Evictions , Massachusetts Attorney General, 5/8/20
Short-term residential rentals, Department of Public Health, 3/31/20
Mortgage Loan Borrowing , Division of Banks, 3/25/20
Constuction Letter With Guidance  3/25/20
COVID-19 ESSENTIAL SERVICES  Order of  the Governor Assuring Continued Operation Of Essential Services  
Essential Services FAQ
SMOKE ORDER Smoke Alarm and Carbon Monoxide Inspections for One and Two-Family Dwellings and Three to Five-family Apartment Buildings
Standing Order Housing Court
DHCD Resources For Renters and Homeowners

BOSTON EXECUTIVE ORDERS AND ADVISORIES
Rental Relief Fund
Guidelines For Open House and Apartment Showing Policy
Construction Update 5.6.20
Construction Notice 3/25/20
Construction Permitting 3/16/20

DIVISION AND AFFILIATE RESOURCE PAGES

Building Owners and Managers, BOMA Boston, BOMA International
Multifamily Apartments, Massachusetts Apartment Association, National Apartment Association   
REALTORS, Greater Boston Association of REALTORS, Massachusetts Association of REALTORS, National Association of REALTORS
Commercial Brokers Association
Real Estate Finance Association






COVID-19

Events

View All
Event
GBREB Leadership Conversation With Mayor Walsh
Jul 15, 2020
Free Webinar
REFA Golf Tournament
Aug 31, 2020
Dedham Country & Polo Club
124 Country Club Road
Dedham, MA
 

Corporate Sponsors

Calendar

Event
GBREB Leadership Conversation With Mayor Walsh
Free Webinar
3:00pm
 
REFA Golf Tournament
Dedham Country & Polo Club
9:00am