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| Section | Objectives |
|---|---|
| National Real Estate Principles & Practices | - Agency Principles
|
| Massachusetts State-Specific Real Estate Law | - State Licensing Laws
|
>> Exam Sample Massachusetts-Real-Estate-Salesperson Questions <<
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NEW QUESTION # 305
A prescriptive easement is proven by a
Answer: D
Explanation:
A prescriptive easement is established through open, notorious, continuous, and adverse use of another's land for a statutory period (in Massachusetts, typically 20 years).
To legally recognize and establish the easement, the claimant must usually bring a quiet title action in court.
This court proceeding clarifies ownership rights and confirms the existence of the easement.
A (deed): not applicable since prescriptive easements arise without written agreements.
C (abstract): summarizes recorded documents but would not establish prescriptive rights.
D (title policy): insures title, does not prove an easement.
Thus, the correct answer is B: quiet title action.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Easements & Rights; M.G.L. c.
187, 2.
NEW QUESTION # 306
Before it was recognized as a health hazard, asbestos was commonly used as insulation in residential and commercial construction because it is
Answer: B
Explanation:
Asbestos is a mineral fiber once widely used in building insulation, roofing, and floor tiles due to its fire- resistant properties. It was valued in both residential and commercial construction as a flame retardant and insulator.
However, when disturbed, asbestos fibers can become airborne and inhaled, leading to serious health issues including asbestosis, lung cancer, and mesothelioma. Because of these risks, asbestos use in building materials is now heavily regulated under federal and state law (EPA and Massachusetts DEP regulations).
The other options are incorrect:
Water resistance (B) was not its primary benefit.
Air purification (C) and pest resistance (D) are not related to asbestos.
Correct answer: A: fire resistant.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Environmental Issues; EPA Asbestos Hazard Emergency Response Act (AHERA).
NEW QUESTION # 307
Priya is an attorney currently licensed and in good standing to practice law in Massachusetts. She wants a Massachusetts real-estate broker license. Which route applies?
Answer: D
Explanation:
The correct answer is A, but the older phrase "automatic broker license" should be avoided because it is imprecise.
The Massachusetts Board states that Massachusetts-licensed attorneys holding a current law license in good standing may apply for an Attorney-Broker License and are exempt from the Board ' s examination requirements. They must still submit the required application and supporting documentation and satisfy the licensing process.
Therefore, being an attorney does not cause a broker license to appear automatically without an application.
The important examination rule is that a qualifying Massachusetts attorney does not have to complete the ordinary broker examination route applicable to non-attorney applicants.
Options B and C incorrectly impose the standard salesperson-to-broker pathway. Option D is plainly incorrect; Massachusetts expressly provides an attorney-broker licensing process.
This is a Massachusetts-specific licensing exception and should be memorized precisely.
Study Guide Reference: Massachusetts License Law - attorney-broker licensing and examination exemption.
NEW QUESTION # 308
A prospective tenant wishes to rent an apartment and is told by the owner that the owner does not want to rent to anyone with children because of the lead paint. The prospective tenant, who has children ages four, six, and nine years old, is not concerned about lead paint and wants to rent the apartment for six months. The owner agrees to lease them the unit. Concerning the lead paint, the owner must
Answer: D
Explanation:
Under the Massachusetts Lead Law (M.G.L. c. 111, 189A-199B), the presence of lead paint in any residential property built before 1978 where children under six will be residing requires that the property be either deleaded or brought into interim control (made lead-safe). The law does not exempt short-term leases, and the landlord must comply regardless of the lease term (even for a six-month rental).
Since the tenant has children ages four, six, and nine, the landlord must take appropriate action to either de- lead or make the property lead-safe. The tenant's lack of concern does not exempt the owner from the obligation to comply with the law.
Reference: M.G.L. c. 111, 189A-199B; Massachusetts Lead Poisoning Prevention and Control Law.
NEW QUESTION # 309
Broker N has five affiliated salespersons. On Monday at 10:00 a.m., Salesperson J submitted an offer to purchase from a prospective buyer. The offer price was $300,000. An hour later, Salesperson R submitted an offer of $296,000. However, Broker N held the second offer until the seller rejected the first offer. Broker N's conduct in this situation is
Answer: A
Explanation:
Massachusetts law and professional practice require that all offers must be presented to the seller forthwith (immediately). A broker may not withhold or delay offers, regardless of their order of arrival, price, or terms.
In this scenario, Broker N violated fiduciary duty to the seller by withholding the second $296,000 offer until the first was rejected. The seller is entitled to see all offers promptly in order to make an informed decision.
The broker has no authority to filter, delay, or prioritize offers.
The law does not require informing other buyers about competing offers (that would be a separate issue of disclosure), but the broker's obligation is always to the client-the seller-to present all offers immediately.
Reference: 254 CMR 3.00 - Duties of Licensees; NAR Code of Ethics, Article 1.
NEW QUESTION # 310
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