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| Section | Weight | Objectives |
|---|---|---|
| Massachusetts Real Estate Law | 33% | - Licensing Requirements
|
| General Real Estate Knowledge | 67% | - Financing
|
>> Real Estate Massachusetts-Real-Estate-Salesperson対応受験 <<
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質問 # 88
How long must Massachusetts brokers generally retain copies of escrow checks required by Board regulation?
正解：D
解説：
The correct answer is C, Three years. Massachusetts Board curriculum and regulations require specified escrow documentation, including copies of escrow checks, to be retained for a three-year period.
This recordkeeping requirement enables the Board to reconstruct the handling of money if a transaction becomes disputed or a complaint is filed. Proper records can establish when a deposit was received, where it was placed, whether it remained properly segregated, and how it was eventually disbursed.
The three-year regulatory rule should not be confused with general recommendations to retain some contractual records longer because the statute of limitations for certain contract claims can exceed three years.
Board seller-agency curriculum, for example, recommends longer retention of contracts even though the mandatory disclosure forms and escrow-check copies have a three-year regulatory retention period.
Study Guide Reference: Massachusetts License Law - Escrow and Transaction Recordkeeping.
質問 # 89
A licensee listed a property that had an unfinished garage. The licensee received an offer subject to the garage being finished. Was a contractual obligation created?
正解：D
解説：
A contract is only created when there is an offer, acceptance, and consideration. In this case, the buyer made an offer subject to a condition (the garage being finished). However, until the seller accepts the offer, no contractual obligation exists. The mere existence of an offer-even if definite and certain-does not bind either party until acceptance has been communicated.
Massachusetts real estate exam law and practice stress that the offer to purchase is not binding on the seller until accepted. Once the seller accepts, it becomes a valid and enforceable contract, provided that all other legal elements (consideration, competent parties, lawful purpose, and in writing per the Statute of Frauds) are satisfied. The requirement for notarization is not necessary for a valid sales contract in Massachusetts; notarization is only required in the case of deeds or certain recorded instruments.
Thus, since the seller had not yet accepted, there was no contract-only a pending offer with a condition.
Reference: Massachusetts Real Estate Salesperson Exam Content Outline - Contracts; Massachusetts General Laws Chapter 259 (Statute of Frauds).
質問 # 90
Beginning August 1, 2025, who ordinarily must pay a residential rental broker ' s fee in Massachusetts?
正解：A
解説：
The correct current answer is C, the party who hired the broker or salesperson. This is a major Massachusetts law change that makes older practice questions on rental broker fees obsolete.
Effective August 1, 2025, a landlord who hires a broker to market and lease an apartment is responsible for paying that broker. The landlord cannot require the tenant to pay the landlord ' s broker fee as a condition of obtaining the tenancy.
A tenant can still independently engage a broker or salesperson to represent the tenant in locating and negotiating for housing. In that case, the tenant who hired the broker can be responsible for the agreed fee.
Massachusetts guidance further explains that a broker cannot represent both landlord and tenant in a residential rental transaction under this newer framework.
Study Guide Reference: Property Management - Massachusetts Residential Rental Broker Fees.
質問 # 91
Dennis has been adjudicated mentally incompetent by a court, and a guardian has been appointed to manage his affairs. Dennis independently signs a contract to purchase a house. What is the usual status of the agreement?
正解：C
解説：
The correct answer is A under the facts stated. Legal capacity is an essential element of contract formation.
Where a court has already adjudicated a person legally incompetent and appointed a guardian with authority over the relevant affairs, the person generally cannot independently enter into a binding contract of the type covered by that guardianship authority.
This is distinguishable from a person who has never been adjudicated incompetent but whose mental capacity is questioned after entering an agreement. Such cases can involve more fact-specific analysis and may result in a contract being voidable rather than automatically void.
The decisive fact in this examination question is the prior judicial adjudication and guardian appointment.
A real estate salesperson has no authority to determine competency or override a guardianship order merely by witnessing a signature. Where capacity is uncertain, the parties should obtain legal advice rather than expect the licensee to resolve the legal issue.
Contract-law examinations regularly distinguish competent parties from minors and judicially incapacitated persons.
Study Guide Reference: Contracts - Competency of Parties, Incapacity, Guardianship and Validity of Contracts.
質問 # 92
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
正解：B
解説：
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).
質問 # 93
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