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Massachusetts-Real-Estate-Salesperson Materials, Exam Massachusetts-Real-Estate-Salesperson Introduction
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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q116-Q121):
NEW QUESTION # 116
When real estate brokers and salespersons engage in renting residential dwelling units, they must provide a prospective tenant with written notice of the
- A. Amount of the rent.
- B. Presence of any sex offenders living in the neighborhood.
- C. Name and address of the landlord.
- D. Amount of fee, if any, that the prospective tenant will have to pay for the broker's services.
Answer: D
Explanation:
Under M.G.L. c. 112, § 87DDD½, Massachusetts law requires real estate brokers and salespersons engaged in renting residential property to provide prospective tenants with a written notice stating the amount of any broker's fee, and whether the tenant will be responsible for paying it. This disclosure must be made before the tenant is obligated to pay any fee.
This law protects tenants from unexpected costs and ensures transparency in rental transactions. While rental amount, landlord details, and public information such as the state's sex offender registry may be relevant, the statutory requirement specifically addresses broker compensation. Failure to provide this written notice may result in disciplinary action by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons.
Reference: M.G.L. c. 112, 87DDD½; 254 CMR 7.00.
NEW QUESTION # 117
In a jurisdiction where the common law of agency applies, a broker has listed a home and then presented to the seller an offer from another client of the broker. The offer has been accepted. The broker has what type of agency relationship with the parties?
- A. seller agency, no agency relationship with buyer
- B. no agency relationship; in this situation the broker becomes a facilitator only
- C. dual agency
- D. seller agency, buyer sub-agency
Answer: C
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Under the common law of agency, an agent owes fiduciary duties to the party they represent. If a broker represents a seller under a listing agreement but also brings a buyer who is their client, the broker now represents both parties in the same transaction. This creates a dual agency relationship.
Dual agency is lawful in Massachusetts only if there is full disclosure and written informed consent from both parties. Without disclosure, it would be an undisclosed dual agency, which is illegal.
A: Incorrect - the broker does represent the buyer.
B: Facilitation is a non-agency relationship, but that's not the case here.
C: Buyer is not a sub-agent of the seller; they are a client.
Correct answer: D: dual agency.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Agency Law; 254 CMR 3.00.
NEW QUESTION # 118
The heir to a large estate will be of legal age within 30 days. The heir lists for sale with a broker one of the properties held by the estate. The broker knows of a buyer for the property and sells it within 24 hours of listing, with closing to be in 45 days. Both listing and sale contracts are
- A. voidable.
- B. executory.
- C. fulfilled.
- D. executed.
Answer: A
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Contracts entered into by a minor (a person not yet of legal age) are generally voidable at the option of the minor. In this case, the heir is still underage when signing both the listing and the sales contract. Although enforceable by the minor, they may be disaffirmed before reaching majority age or within a reasonable time thereafter.
Fulfilled (A) applies only once all terms have been performed.
Executed (B) means fully performed; here, the contracts are not.
Executory (D) means still in progress, which is true, but the critical legal issue is that the contracts are voidable due to minority.
Therefore, both contracts are voidable.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; M.G.L. c.231 §85O (contracts with minors).
NEW QUESTION # 119
According to the Massachusetts Fair Housing Law, it is unlawful to ask prospective tenants questions about their
- A. Income.
- B. Occupation.
- C. Place of birth.
- D. Criminal history.
Answer: C
Explanation:
The Massachusetts Fair Housing Law (M.G.L. c. 151B) prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, ancestry, veteran status, familial status, disability, or receipt of public assistance. Asking about a tenant's place of birth could reveal information about national origin or ancestry, which are protected classes under both state and federal fair housing law.
By contrast, landlords and brokers are legally permitted to verify income and occupation to determine financial qualifications, and Massachusetts law also permits certain criminal history checks in compliance with state and federal guidelines. However, questioning applicants about their place of birth is directly discriminatory and unlawful.
Reference: M.G.L. c. 151B, 4; HUD Fair Housing Act Guidelines.
NEW QUESTION # 120
A real estate licensee is a partial owner of a local inspection company. It is permissible for the licensee to tell all clients to use this company when
- A. the client does not ask for other recommendations.
- B. the licensee discloses the interest in the company to the client.
- C. it is in the best interest of the client.
- D. the licensee does not know any of the other title companies in the area.
Answer: B
Explanation:
Under Massachusetts law and federal RESPA (Real Estate Settlement Procedures Act, Section 8), real estate professionals may have an ownership interest in related businesses (such as inspection, title, or mortgage companies), but they must provide full disclosure of this interest to clients in writing.
Steering clients exclusively to a business in which the agent has a financial interest - without disclosure - is a conflict of interest and a violation of fiduciary duties. However, once the relationship is disclosed, the client may freely choose whether to use that company or not.
The other options are incorrect because:
"Best interest" (A) doesn't override disclosure requirements.
Lack of knowledge of competitors (B) is not an excuse.
Failing to disclose simply because the client doesn't ask (C) is a violation.
Thus, the only permissible action is disclosure (D).
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Agency & Disclosure; RESPA, 12
U.S.C. §2607.
NEW QUESTION # 121
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