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| Section | Objectives |
|---|---|
| Topic 1: Massachusetts State-Specific Real Estate Law | - Fair Housing and Anti-Discrimination Laws
|
| Topic 2: National Real Estate Principles & Practices | - Property Ownership
|
>> Exam Real Estate Massachusetts-Real-Estate-Salesperson Revision Plan <<
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NEW QUESTION # 207
When a purchase contract contains a contingency whose satisfaction depends heavily on a third party, such as a lender or inspector, the contingency should generally contain:
Answer: B
Explanation:
D is the best answer. Real-estate contingencies should normally contain clear, definite deadlines. Examples include financing contingencies, home-inspection contingencies, condominium-document review periods, and other conditions that depend partly on third-party activity.
The reason is contractual certainty. If a contingency remains open indefinitely, neither buyer nor seller knows when the transaction becomes firm or when either party may exercise rights related to the contingency. A defined period forces the party benefiting from the contingency to act diligently and establishes when the condition must be satisfied, waived, or invoked.
"Reasonably short" does not mean unreasonably restrictive. The deadline must provide sufficient time for the relevant lender, inspector, attorney, condominium association, or other party to perform the required function.
Massachusetts Board contract curriculum specifically identifies contingencies and "time is of the essence" concepts as important purchase-contract provisions.
The exact deadline is a matter of contract terms rather than a universal statutory number.
Study Guide Reference: Contracts - contingencies, deadlines, financing and inspection provisions.
NEW QUESTION # 208
How long is the ordinary Massachusetts real estate license term for continuing-education purposes?
Answer: A
Explanation:
The correct answer is B, Two years. Massachusetts Board guidance states that the twelve-hour continuing- education requirement applies to each two-year license term.
For individual brokers and salespersons, renewal is tied to the licensee ' s birthday during the applicable renewal year. The Board makes licenses available for renewal in advance of expiration and requires completion of the continuing-education requirement before renewal in active status.
Candidates sometimes confuse prelicensing education, license duration, and continuing education. The twelve continuing-education hours are not an annual requirement; they apply across the two-year renewal term.
Business entities and schools also operate on renewal cycles, but candidates should focus on the requirements applicable to their individual salesperson license.
Study Guide Reference: Massachusetts License Law - License Renewal Cycle.
NEW QUESTION # 209
A fixed-term lease expires, but the landlord knowingly permits the tenant to remain and continues accepting the same monthly rent without entering a new fixed-term lease. What tenancy will this most commonly resemble?
Answer: B
Explanation:
The best answer is A, Tenancy at will/periodic tenancy. When the original fixed-term lease expires but the landlord permits continued occupancy and accepts periodic rent, the parties ' conduct can create a continuing tenancy rather than an unauthorized holdover.
Massachusetts guidance describes a tenancy at will as one having no predetermined expiration date and continuing until properly terminated. A month-to-month tenancy at will can arise by agreement and is typically terminable by the required statutory notice.
This is different from a tenancy at sufferance, where a tenant remains in possession after the lawful right to occupy has expired and without the landlord ' s consent.
The decisive fact is therefore the landlord ' s acceptance of the continuing relationship, particularly continued acceptance of rent.
A life estate, joint tenancy, and tenancy by the entirety are ownership estates rather than landlord-tenant classifications.
Study Guide Reference: Property Management/Contracts - Tenancy at Will, Periodic Tenancy and Holdover Occupancy.
NEW QUESTION # 210
Local zoning limits office buildings to four stories. An owner wants permission to construct a six-story building despite that restriction. What zoning relief would generally be sought?
Answer: B
Explanation:
A variance is the appropriate form of zoning relief contemplated by the facts, making A correct. A variance authorizes departure from applicable zoning requirements when the statutory standards are satisfied. A request to construct six stories where dimensional zoning allows only four is therefore fundamentally a variance issue.
A nonconforming use concerns a use or structure that lawfully existed before a zoning restriction changed and is permitted to continue subject to statutory and local rules. The facts instead describe a proposed new deviation from existing zoning. Title V primarily concerns Massachusetts septic-system and subsurface sewage disposal requirements; it does not waive building-height limitations. "Police power exclusion" is not a standard zoning remedy available to a private owner.
A significant current-law point is that Massachusetts amended M.G.L. c.40A 10 effective in 2026.
Candidates should use the current statutory variance standards rather than memorize obsolete wording from older preparation materials. The permit-granting authority evaluates the statutory criteria and the circumstances of the parcel and proposed relief.
Study Guide Reference: Land Use Controls and Regulations - zoning, variances and nonconforming uses;
M.G.L. c.40A 10.
NEW QUESTION # 211
Absent a special agreement changing the normal Massachusetts rule, when is a broker generally entitled to a sales commission?
Answer: B
Explanation:
The correct Massachusetts answer is B. Older question banks often state that a broker earns the commission simply when the seller accepts an offer from a ready, willing, and able buyer. That formulation is too broad for Massachusetts.
Under the Massachusetts rule associated with Tristram ' s Landing, Inc. v. Wait, absent a special contractual provision, the broker generally must produce a buyer who is ready, willing, and able to purchase on the seller ' s terms; the buyer must enter into a binding contract with the seller; and the transaction must ultimately be consummated by closing.
An important exception exists where closing fails because of the seller ' s wrongful act or interference. A seller should not be able to avoid commission liability by deliberately preventing a transaction that the broker successfully procured.
The listing agreement itself remains extremely important because the parties can define the circumstances under which compensation becomes payable, subject to applicable law.
Study Guide Reference: Massachusetts License Law/Agency - Broker Compensation, Procuring Cause and Tristram ' s Landing Rule.
NEW QUESTION # 212
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