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| Section | Objectives |
|---|---|
| Massachusetts State-Specific Real Estate Law | - Real Estate Practices in Massachusetts
|
| National Real Estate Principles & Practices | - Contracts
|
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NEW QUESTION # 294
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 # 295
The Massachusetts Consumer Protection Act (M.G.L. c. 93A) does NOT apply to which of the following persons?
Answer: B
Explanation:
The Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." This law applies to persons engaged in business transactions, including brokers, salespersons, and builders selling homes.
However, a private homeowner selling their own home without engaging in trade or commerce is exempt.
Courts have consistently held that Chapter 93A applies to persons "engaged in business" and does not cover purely private, non-business transactions such as a homeowner selling their own single residence.
Thus, while brokers, agents, and even builders are covered by c. 93A (even if they build/sell fewer than ten homes), a private owner selling without brokerage or business involvement is exempt.
Reference: M.G.L. c. 93A, § 1; Massachusetts Real Estate Candidate Information Bulletin - Consumer Protection Law.
NEW QUESTION # 296
A building was purchased for $350,000 with a 20% down payment. If the lender charged the buyer three discount points, how much will the buyer need to close?
Answer: A
NEW QUESTION # 297
Time is of the essence means
Answer: C
Explanation:
The phrase "time is of the essence" is a standard clause in Massachusetts real estate contracts. It means that contract deadlines are legally binding and must be strictly observed. Failure to perform within the time specified constitutes a breach of contract.
It does not mean that the closing must occur "as soon as possible" (A) but rather on the date agreed upon.
C overstates - while performance must be timely, contracts may allow flexibility in exact timing if not specified.
D is incorrect because deadlines may be modified if both parties agree in writing.
Thus, the best legal definition is B: time limits set forth in the contract must be carefully observed.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; M.G.L. c.106, Uniform Commercial Code §2-309 (time requirements).
NEW QUESTION # 298
In a jurisdiction where a seller ' s property condition disclosure is required, the licensee is responsible for
Answer: A
Explanation:
In Massachusetts, property disclosure laws are strict about timing and delivery but do not place the responsibility of accuracy on the real estate licensee. The property condition disclosure is completed and signed by the seller, not the agent. The agent's duty is to facilitate compliance with disclosure requirements, specifically ensuring that the buyer has received the disclosure before the purchase and sale agreement is finalized.
This requirement protects buyers by allowing them to make informed decisions about the condition of the property before entering into a binding contract. Licensees are not required to fill out or verify the accuracy of the disclosure; their duty is limited to ensuring delivery. Massachusetts regulations (M.G.L. c. 93, 114) and the Massachusetts Real Estate Salesperson Exam materials clearly emphasize that:
Sellers complete the disclosure themselves.
Buyers must receive the disclosure before signing binding documents.
Licensees are responsible only for delivery, not for content accuracy.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook; Massachusetts General Laws c.93,
114.
NEW QUESTION # 299
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