How to verify a real estate license in Massachusetts

Real estate agents and brokers

No one may act as a broker or salesperson “unless he is licensed” (§ 87RR). A salesperson cannot run an independent business and works as the representative of a broker who is responsible for the salesperson. A person who is not licensed cannot sue for a commission for broker services performed in Massachusetts (§ 87RR).

Licenses are issued by the Board of Registration of Real Estate Brokers and Salesmen. A license runs about two years (it is valid until the licensee’s birthday anniversary falling more than 24 months after issue) and is renewed every two years (§ 87XX). The board must keep a record of all licensed brokers and salespeople “open to inspection by the public” (§ 87XX). Ask for the licensee’s name and license type, then look them up with the board.

Mortgage loan originators (NMLS)

An individual may not act as a mortgage loan originator for a dwelling without a license from the Commissioner of Banks, unless exempt. Each licensed originator must register with the NMLS and keep a valid unique identifier (c. 255F, § 2(a)). Exempt people include those dealing with immediate family, and lawyers negotiating a loan as an ancillary matter for a client, unless paid by a lender or broker (§ 2(b)). Companies that act as mortgage brokers or lenders for residential property need their own license from the commissioner (c. 255E, § 2), with exceptions listed in that section, such as banks. Ask your originator for the NMLS ID, then search the federal NMLS Consumer Access site. This article could not open that site, so check its search tools yourself.

Home inspectors

No one may conduct a home inspection for compensation, or present themselves as authorized to, without a license from the board, and the inspector must provide a written report (§ 222(a)). A license is issued for two years and renewal depends on continuing education (§ 222(c)). Licensed inspectors “shall carry the license with him at all times and make it available for presentation to a client.” Some people can inspect within their own field without this license, including licensed architects, engineers, electricians, plumbers, brokers and appraisers, as well as a person who inspects septic systems solely to comply with 310 CMR 15 (§ 222(a)). See our guide to home inspection costs.

Appraisers (state board and national registry)

Only a state-certified general appraiser, state-certified residential appraiser or state-licensed appraiser may use those titles or any title likely to suggest state certification (§ 174). A person who is not certified may still appraise real estate in non-federally related transactions, and a broker may give a price opinion for a listing but not call it an appraisal (§ 174). For loans, search the Appraisal Subcommittee’s Appraiser Registry, which lists appraisers a state has authorized to perform appraisals for federally related transactions. The registry says states report data “at least monthly” and that it has not independently verified it, so confirm with the state board. See what an appraisal costs.

Land surveyors

The Board of Registration of Professional Engineers and of Land Surveyors registers professional land surveyors. The “practice of land surveying” includes measuring and locating lines and monumenting property boundaries, and anyone who holds themselves out as a land surveyor is covered (§ 81D). Practicing or offering to practice without registration is punishable by a fine of $100 to $500, up to three months in jail, or both, and the attorney general or district attorney enforces it (§ 81T). For prices, see land survey cost.

The five trades at a glance

What to do if a license is expired or suspended

For brokers, the board may suspend, revoke or refuse to renew a license for causes that include knowingly making a substantial misrepresentation or acting for more than one party without the consent of all (§ 87AAA). On the “verified complaint in writing of an aggrieved person,” the board “shall” investigate. Do not pay someone whose license cannot be confirmed. Before you hire, compare the licensee’s name, type and expiration date with the board’s record. Report problems to the board named in the table. For your home purchase, see home buying steps and the Boston guide.