Section 87RR. Except as otherwise provided, no person shall engage in the business of or act as a broker or salesman directly or indirectly, either temporarily or as an incident to any other transaction, or otherwise, unless he is licensed.
No salesman may conduct or operate his own real estate business nor act except as the representative of a real estate broker who shall be responsible for the salesman and who must approve the negotiation and completion by the salesman of any transaction or agreement which results or is intended to result in the sale, exchange, purchase, renting or leasing of any real estate or in a loan secured or to be secured by mortgage or other encumbrance upon real estate. No salesman shall be affiliated with more than one broker at the same time nor shall any salesman be entitled to any fee, commission or other valuable consideration or solicit or accept the same from any person except his licensed broker in connection with any such agreement or transaction. A salesman may be affiliated with a broker either as an employee or as an independent contractor and may, by agreement, be paid as an outside salesperson on a commission-only basis but shall be under such supervision of said broker as to ensure compliance with this section and said broker shall be responsible with the salesman for any violation of section eighty-seven AAA committed by said salesman.
Except as otherwise provided no person shall recover in any suit or action in the courts of the commonwealth for compensation for services as a broker performed within the commonwealth unless he was a duly licensed broker at the time such services were performed; provided, however, that nothing contained herein shall be construed as affecting the right of a licensed salesman to recover in a suit or action against a broker on any contract or agreement with said broker.
Notes of Decisions
Tpk. Motors, Inc. v. Newbury Grp., Inc., 596 N.E.2d 989 (Mass. 1992).
· cites it 18× “The sellers commenced this action in May, 1984, seeking a declaratory judgment that the defendant broker was not entitled to any commissions on the sales of the assets of two automobile dealerships, which included interests in real estate and both tangible and intangible…”
Monell v. Boston Pads, LLC, 31 N.E.3d 60 (Mass. 2015).
· cites it 6× “149, § 148B, which makes it a violation of the statute to fail “to properly classify an individual as an employee,” applies to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage firm pursuant to G. L. c. 112, § 87RR. A Superior…”
Speakman v. Allmerica Fin. Life Ins. & Annuity Co., 367 F. Supp. 2d 122 (D. Mass. 2005).
· cites it 2× “2d 1053 *140 (1991) (licensed real estate salesman could not sue licensed real estate broker under Chapter 93A, based on Mass. Gen. Laws ch. 112, § 87RR). 30 Here, the complaint alleges that plaintiffs were “career agents” of AFLIAC, which provided them “office space and certain…”
Tpk. Motors, Inc. v. Newbury Grp., Inc., 528 N.E.2d 1176 (Mass. 1988).
· cites it 4× “The sellers commenced this action in May, 1984, seeking to enjoin the broker from interfering with the sale of the two dealerships pursuant to purchase and sale agreements entered into in March and April of 1984, respectively, and seeking a declaration that, under G.L.c. 112, §…”
Town Plan. & Eng'g Assocs., Inc. v. Amesbury Specialty Co., 342 N.E.2d 706 (Mass. 1976).
“” Compare the statutory exemption of the preparation of plans, specifications or shop drawings by those in the electrical, plumbing, ventilating, air conditioning, refrigeration, or other trades for work which they install.”
Ruggiero v. Am. United Life Ins., 137 F. Supp. 3d 104 (D. Mass. 2015).
“marks omitted) (citing Mass. Gen. Laws ch. 112, § 87RR). The Court concluded that “the independent contractor statute does not apply to real estate salespersons,” ‘but left open the possibility—in accordance with the express' language of the real estate licensing' statute—that…”
Commonwealth v. Savage, 583 N.E.2d 276 (Mass. App. Ct. 1991).
“, post 948 (1991), in which we did not decide whether the real estate salesman was an employee of the defendant broker but in which we remarked upon the distinction between a licensed real estate broker, who could work independently, and a licensed real estate salesman who,…”
Quint v. Moffie, 1987 Mass. App. Div. 133 (Mass. Dist. Ct., App. Div. 1987).
· cites it 2× “Said motion was predicated upon G.L. c. 112, § 87RR which bars any suit to recover real estate brokerage fees by a party who is not a broker licensed pursuant to G.”
Smith v. Jenkins, 718 F. Supp. 2d 155 (D. Mass. 2010).
“Mass. Gen. Laws ch. 112, § 87RR, governs real estate licenses and states in pertinent part that "[n]o salesman may conduct or operate his own real estate business nor act except as the representative of a real estate broker who shall be responsible for the salesman and who must…”
Benoit v. Landry, Lyons & Whyte Co., 580 N.E.2d 1053 (Mass. App. Ct. 1991).
“In this case, the written agreement between the plaintiff, a licensed real estate salesman, and the defendant, a licensed'real estate broker, see G. L. c. 112, § 87RR, provided that the plaintiff “is an Independent Contractor and not the Company’s employee .”
Meredith & Grew, Inc. v. Worcester Lincoln, LLC, 831 N.E.2d 940 (Mass. App. Ct. 2005).
“112, § 87QQ (person without real estate broker license may broker loans for self or for employer acting for self); G. L. c. 112, § 87RR (negotiating of mortgage by salesman must be supervised by licensed real estate broker); G.”
Bus. Brokers Int'l Corp. v. Roderick, 510 N.E.2d 301 (Mass. App. Ct. 1987).
“” Judgment was entered for the plaintiff. We affirm the judgment in all respects save that concerning the plaintiff’s claim under G.”
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