The rule
254 CMR 3.00(11)(d); MAR escalation-clause bulletins
Read the source · Source dated 2017-2019
This source is from 2019. Rules and guidance can change, so confirm the current version with the state's real estate commission.
How this works in practice
Massachusetts has no outright ban on sharing competing offers with the seller's permission, but its regulators or REALTOR® groups have warned that doing so can strain an agent's duties of confidentiality and fair dealing. Get the seller's written permission before sharing anything.
Tell every buyer in writing, before they submit, that the highest offer price may be shown to the other buyers, and get their agreement. Give everyone the same information at the same time.
Avoid drafting or completing escalation clauses for buyers, sharing another buyer's full offer as proof of a competing price, and treating any buyer differently. Check with your broker before running a transparent offer round.
Running an offer round in Massachusetts
A BindingOffers round asks the seller to sign a disclosure consent before it goes live, asks every buyer to agree that their offer price may be shown before they can submit, and shows everyone the same highest offer at the same moment, with a timestamped record of every offer.
Run your first round free