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Assignments in Massachusetts (MA)

ItemValue
Is an assignment legal here?yes
What the matrix says about itAssignment of one's own purchase contract is a common-law right and is not itself licensed activity in this state; the constraint is on MARKETING and on DISCLOSURE.
Marketing rule the gate enforcescontract_only
What that means in practices.87PP reaches one who 'sells, exchanges, purchases, rents or leases, or negotiates, or offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of any real estate', one who 'buys or offers to buy, sells or offers to sell or otherwise deals in options on real estate', and one who 'advertises or holds himself out as engaged in the business'. The gating words are 'for another person'. F5259 located NO express own-account exemption in s.87PP itself -- the exemption is structural (the 'for another' element), which is a weaker footing than Missouri's.
What triggers a licence requirementActing 'for another person and for a fee, commission or other valuable consideration' in the sale/exchange/purchase of real estate, or 'otherwise deal[ing] in options on real estate' (M.G.L. c.112 s.87PP).
Written seller disclosure required?yes
Basis for the disclosureContract term + state UDAP/consumer-protection statute.
Statutory wording required?no
F5259 bucketGO_WITH_CONDITIONS
Condition the gate enforcesMarket the contract, not the property. The 'advertises or holds himself out' clause makes public property advertising particularly risky here. Attorney review before first use.
Verification statusPRIMARY_STATUTE
Attorney review required before first use?yes

Verdict by lead class

Lead classVerdict
landGO_WITH_DISCLOSURE
preforeclosure non owner occupiedNO
preforeclosure owner occupiedNO
probateGO_WITH_DISCLOSURE
tax delinquentGO_WITH_DISCLOSURE

Primary sources

the whole grid · probate in MA · the disclosure blocks

Not legal advice. We are not a law firm and we do not draft documents for anyone else. A template is a starting point for a transaction you are a principal in; it is not a substitute for a lawyer licensed in the state the property sits in, and in several states the disclosure below has statutory wording that must be copied exactly. Have counsel read it before you sign.


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