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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Massachusetts Real Estate Law | 33% | - Licensing Requirements
|
| Topic 2: General Real Estate Knowledge | 67% | - Contracts
|
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NEW QUESTION # 126
Can a Massachusetts real estate salesperson simultaneously affiliate with multiple unrelated brokers and independently practice under each?
Answer: B
Explanation:
The correct answer is C. Massachusetts treats the salesperson as a supervised licensee operating through the employing broker rather than as an independently operating brokerage professional.
Board materials state that a salesperson must be affiliated with a broker and cannot operate a separate real estate business. Massachusetts licensing curriculum further treats salesperson affiliation and broker supervision as central professional requirements.
The distinction matters for advertising, compensation, listings, escrow funds, and transaction responsibility. A consumer dealing with a salesperson should be able to identify the brokerage responsible for supervising that salesperson ' s professional activity.
This is different from a licensed broker, who may qualify to conduct brokerage operations independently subject to business-entity and regulatory requirements.
Study Guide Reference: Massachusetts License Law - Salesperson Affiliation and Broker Supervision.
NEW QUESTION # 127
A broker has listed a property for $225,000. An offer of $210,000 contingent upon inspection comes in the first week and the seller accepts it. Another offer of $205,000 comes in the second week. The seller accepts it as a secondary offer contingent upon the termination of the first offer. The first offeror demands the seller spend $5,000 in repairs before going through with the purchase. The seller may do any of the following EXCEPT
Answer: B
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Once the seller accepted the first buyer's offer, they entered into a legally binding contract. Any additional requests for repairs must be negotiated. The seller may:
Agree to the repairs (A)
Refuse and insist on as-is (B)
Terminate by mutual agreement in writing and move to the secondary offer (C) However, the seller cannot simply ignore the buyer's demands and sell to another buyer. Doing so would be a breach of contract. The second offer is valid only as a backup if the first contract is properly terminated.
Thus, the seller may do anything except D.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; Secondary Offers.
NEW QUESTION # 128
The provisions of the Real Estate License Law apply to which of the following individuals?
Answer: C
Explanation:
The Massachusetts Real Estate License Law (M.G.L. c. 112, §§ 87PP-87DDD) applies to anyone who engages in the business of buying, selling, leasing, or negotiating real estate transactions for a fee, commission, or other valuable consideration, unless specifically exempt.
Exemptions include:
Regular salaried employees of property owners who lease or manage property owned by their employer (no license needed).
Salespersons selling their own primary residence (no license needed, as owners always may sell their own property).
Referrals: A licensed person may receive compensation, but unlicensed referral fees are prohibited.
A property manager who handles sales of units (not just leasing or maintenance) is engaged in brokerage activities requiring a license. Therefore, the Real Estate License Law applies in this case.
Reference: M.G.L. c. 112, §§ 87QQ, 87RR; Massachusetts Real Estate Candidate Information Bulletin - Licensing Requirements.
NEW QUESTION # 129
A Massachusetts attorney in good standing seeks a real estate broker license. Which statement is correct?
Answer: A
Explanation:
The correct answer is B. Massachusetts provides an attorney-broker licensing route for attorneys who hold a current Massachusetts law license in good standing.
The Board explains that qualified Massachusetts attorneys may obtain the real estate broker license without taking the ordinary broker examination. However, this is not literally an automatic license. The attorney must still apply, provide required documentation, and satisfy the Board ' s attorney-broker licensing procedure.
Therefore, candidates should reject both extremes: the attorney is not forced through the entire salesperson-to- broker pathway, but the attorney does not become a broker merely by possessing a law license.
This is a Massachusetts-specific licensing exception and is frequently tested.
Study Guide Reference: Massachusetts License Law - Attorney-Broker Examination Exemption.
NEW QUESTION # 130
A seller informs the listing broker that the wind chime on the back door is broken and the roof leaks when it rains. The listing broker is required to disclose
Answer: B
Explanation:
Massachusetts law requires real estate licensees to disclose material defects of which they are aware. A material defect is any condition that would significantly affect the health, safety, or value of the property. In this case, a leaky roof is considered a material defect because it can cause substantial property damage, affect habitability, and impact property value.
On the other hand, a broken wind chime is a minor cosmetic defect that does not materially affect the property's value or use. Licensees are not required to disclose trivial issues but must disclose known material defects even if instructed by the seller to remain silent. Failure to disclose material defects constitutes misrepresentation and may result in disciplinary action.
Reference: 254 CMR 3.00 - Duties of Licensees; Massachusetts Real Estate Salesperson Candidate Information Bulletin - Agency & Disclosure.
NEW QUESTION # 131
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