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| Section | Weight | Objectives |
|---|---|---|
| General Real Estate Knowledge | 67% | - Laws of Agency
|
| Massachusetts Real Estate Law | 33% | - Massachusetts Real Estate Practices
|
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NEW QUESTION # 41
Which of the following agreements may be enforceable in Massachusetts even if made orally, assuming no other legal defect?
Answer: D
Explanation:
A Massachusetts listing contract may be oral, making B correct. The Massachusetts Board ' s current Contract Law curriculum expressly identifies listing agreements as employment contracts and states that they may be in writing or oral.
The other choices implicate Massachusetts Statute of Frauds requirements. An agreement for the purchase and sale of real estate must generally be evidenced by a sufficient signed writing to be enforceable against the party to be charged. Likewise, an agreement that by its terms cannot be performed within one year falls within the Statute of Frauds; a twenty-year lease therefore cannot rely on a bare oral agreement for ordinary enforceability.
This does not mean oral listing agreements are good brokerage practice. Written agreements provide much stronger evidence concerning price, term, commission, scope of authority, agency relationship, and other duties. Certain brokerage or consumer disclosures also have independent statutory or regulatory requirements and must not be confused with whether the underlying listing employment agreement can technically be oral.
For exam purposes, the Massachusetts-specific rule is clear: listing agreement = potentially oral; purchase/sale of real estate = writing required for enforceability.
Study Guide Reference: Contracts - Statute of Frauds; listing agreements and purchase-and-sale contracts.
NEW QUESTION # 42
Which of the following is a lien against real estate?
Answer: D
Explanation:
The correct answer is A, Recorded mortgage. A mortgage creates a security interest against real property to secure repayment of an underlying debt.
Because it burdens title, a mortgage is an encumbrance and lien-type interest that must ordinarily be addressed when the property is sold or refinanced. When the secured debt is fully paid, the mortgage should be discharged or released in the land records so that the title no longer reflects the encumbrance.
A freestanding refrigerator and trade fixture are forms of personal property in ordinary circumstances.
Riparian rights are property rights associated with ownership bordering flowing water; they are not debts secured by the real estate.
Other liens candidates should recognize include real-estate tax liens, mechanic ' s liens, judgment liens, and certain federal tax liens.
Lien priority is a separate issue. Priority determines which lienholder has superior rights when multiple liens attach to the property. Property-tax liens frequently receive special statutory priority.
Study Guide Reference: Property Ownership/Financing - Liens, Mortgages and Encumbrances.
NEW QUESTION # 43
A contract is delivered to the listing broker by a cooperating broker. The listing broker makes an appointment with the owner to present the offer at 7 p.m. of that day. Before 7 p.m., two more offers arrive on the same property. Which offer should be presented to the owner at the 7 p.m. appointment?
Answer: D
Explanation:
A Massachusetts real estate licensee has a fiduciary duty of full disclosure and obedience to the client (the seller). That means the listing broker must present all offers promptly and in full to the seller, regardless of the order received or whether one seems more favorable.
The Massachusetts Board of Registration of Real Estate Brokers and Salespersons emphasizes that withholding offers or "screening" them based on price, terms, or timing constitutes a violation of fiduciary duty and can result in disciplinary action. The seller has the exclusive right to decide which offer to accept, reject, or counter. The broker's responsibility is only to deliver all offers in a timely fashion.
Therefore, at the 7 p.m. appointment, the listing broker must present all three offers that had been received. It would be improper to withhold later offers or to select the "best" offer unilaterally.
Reference: Massachusetts Real Estate Salesperson Candidate Information Bulletin; 254 CMR 3.00:
Obligations to the Client; National Association of REALTORS Code of Ethics, Article 1.
NEW QUESTION # 44
A buyer is purchasing a 3-acre property and is paying $12,000 per acre. The cooperating fee is 3½% of the sale price. The buyer's agent will receive 55% of the cooperating fee from a broker. How much commission did the buyer's agent receive?
Answer: A
Explanation:
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Math & Commissions.
NEW QUESTION # 45
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
Answer: A
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 # 46
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