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The Massachusetts Association of REALTORSĀ® (MAR) announced Wednesday that the Massachusetts State Supreme Court (SJC) decision in Monell vs. Boston Pads LLC is a win for consumers and the entire real estate industry. The ability for real estate agents to choose to affiliate with real estate brokers as independent contractors has been the backbone of the profession for more than 100 years.

ā€œWe are pleased that the State Supreme Court affirmed the pro-consumer choice by real estate professionals to affiliate as either independent contractors or employees,ā€ said 2015 MAR President Corinne Fitzgerald, broker-owner of FITZGERALD Real Estate in Greenfield. ā€œThis relationship has worked for generations and it is what consumers have come to expect regarding agent entrepreneurship and availability. Weā€™re glad this choice will continue.ā€

As a result of the decision, the Court affirmed the Superior Court ruling that the real estate license law governs real estate agent relationships with their brokers. This decision also confirms what MAR has been recommending to its REALTORĀ® members for years.

ā€œI am proud of our Associationā€™s effort to preserve this choice for real estate professionals, especially because it has served consumer expectations so well,ā€ said MAR CEO Robert Authier. ā€œFrom filing legislation in 2010 to providing a ā€˜friend of the courtā€™ brief this past year, this has been a top priority for the Massachusetts Association of REALTORSĀ®.ā€

Monell v. Boston Pads, LLC was originally heard before the Suffolk County Superior Court and a decision was made in July 2013. The Superior Court held that the existing practice of brokers and salespersons affiliating as independent contractors is consistent with state law and that they may affiliate as either an independent contractors or as an employee. Most agents and brokers in Massachusetts, and throughout the country, have agreed to affiliate as independent contractors. This is due to a variety of reasons, primarily because of the commission-based nature of the business, the irregular hours, and the manner in which the business is conducted to best serve consumers.Ā The losing agents appealed the decision and the State Supreme Judicial Court upheld the Lower Court ruling.

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