The broker has a single agency relationship with the seller. The broker will show the property to a buyer who is a customer. The broker must disclose…

Under Massachusetts law, a real estate broker, regardless of their agency relationship, owes a duty of honesty and fair dealing to all parties in a transaction. This includes the affirmative duty to disclose any known material defects of the property to a prospective buyer (customer). A leaky roof is a classic example of a material defect, as it significantly impacts the property's value and a buyer's decision to purchase. Failure to disclose such a known fact would be a violation of the Massachusetts Consumer Protection Act (MGL c. 93A).

A. seller needs to move soon. This is confidential information about the seller's motivation. Disclosing it would violate the broker's fiduciary duty of confidentiality to their client and weaken the seller's negotiating position.

B. home has a lake view. This is a descriptive feature or "puffing," not a defect. While it's a selling point, there is no legal requirement to disclose positive attributes.

D. seller does not like the next door neighbor. This is a subjective, non-material fact related to a social condition. It does not pertain to the physical condition of the property and is not a required disclosure.

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1. Massachusetts General Laws, Chapter 93A, Section 2. This statute prohibits "unfair or deceptive acts or practices." The Massachusetts Supreme Judicial Court has consistently interpreted this to include a real estate agent's failure to disclose known material defects to a buyer, establishing it as a deceptive practice.

2. Code of Massachusetts Regulations, 254 CMR 3.00: Professional Standards of Practice. Section 3.00(13)(a) states a licensee must disclose to a prospective purchaser "any fact, the disclosure of which may have influenced the prospective purchaser not to enter into the transaction." A leaky roof clearly falls under this requirement.

3. DeWolfe v. Hingham Centre, Ltd., 464 Mass. 795 (2013). This landmark decision by the Massachusetts Supreme Judicial Court affirmed that a seller's broker has a duty to disclose known material defects to the buyer. The court's opinion is a foundational element of real estate law education and practice in the Commonwealth.