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| Section | Weight | Objectives |
|---|---|---|
| Massachusetts Real Estate Law | 33% | - Licensing Requirements
|
| General Real Estate Knowledge | 67% | - Financing
|
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NEW QUESTION # 202
A Massachusetts licensee renews without completing the required twelve hours of continuing education. What status can the license be renewed into?
Answer: D
Explanation:
The correct answer is B, Inactive. Massachusetts allows a licensee who has not completed the twelve-hour continuing-education requirement to renew in inactive status, but the licensee cannot actively practice real estate brokerage while inactive.
The Board states that an active license entitles the individual to work as a real estate agent, whereas an inactive license does not. An inactive licensee may be able to receive referral fees under applicable rules but cannot conduct ordinary brokerage activities requiring active licensure.
To reactivate, the licensee must satisfy the Board ' s continuing-education and reactivation requirements.
Candidates should therefore distinguish expiration from inactive status. Inactivity can result from deliberately maintaining the license without current authority to practice, whereas an expired license involves failure to renew.
Study Guide Reference: Massachusetts License Law - Active/Inactive License Status and Continuing Education.
NEW QUESTION # 203
Beginning August 1, 2025, who ordinarily must pay a residential rental broker ' s fee in Massachusetts?
Answer: B
Explanation:
The correct current answer is C, the party who hired the broker or salesperson. This is a major Massachusetts law change that makes older practice questions on rental broker fees obsolete.
Effective August 1, 2025, a landlord who hires a broker to market and lease an apartment is responsible for paying that broker. The landlord cannot require the tenant to pay the landlord ' s broker fee as a condition of obtaining the tenancy.
A tenant can still independently engage a broker or salesperson to represent the tenant in locating and negotiating for housing. In that case, the tenant who hired the broker can be responsible for the agreed fee.
Massachusetts guidance further explains that a broker cannot represent both landlord and tenant in a residential rental transaction under this newer framework.
Study Guide Reference: Property Management - Massachusetts Residential Rental Broker Fees.
NEW QUESTION # 204
If owners ask a broker not to show a property to recipients of government assistance, the broker must
Answer: B
Explanation:
Massachusetts law (M.G.L. c. 151B, § 4) prohibits discrimination in housing based on receipt of public assistance, such as Section 8 housing vouchers or other government aid. If a seller instructs a broker not to show a property to prospective buyers or renters receiving government assistance, the broker cannot legally comply with that request.
The broker's fiduciary duty to the client does not extend to violating fair housing law. In such cases, the broker must refuse the listing because accepting it would require them to engage in unlawful discriminatory practices. Reporting to the Board or MCAD is not required; the appropriate action is simply to refuse participation in illegal activity.
This aligns with the Massachusetts Real Estate Licensing Law and MCAD enforcement rules, which hold licensees personally responsible for discriminatory conduct in real estate transactions.
Reference: Massachusetts General Laws c. 151B, Massachusetts Fair Housing Law; MCAD Fair Housing Guidelines; 254 CMR 3.00.
NEW QUESTION # 205
Which situation has the strongest potential to fall within a narrow fair-housing exemption rather than constituting ordinary discriminatory housing practice?
Answer: A
Explanation:
The correct answer is A, but this source-bank concept requires careful qualification. Fair-housing exemptions are narrow, and candidates should never infer a general right to discriminate.
Federal law contains limited exemptions for specified owner-occupied housing and certain single-family owner transactions, but the exemptions have conditions. For example, the federal single-family exemption generally cannot be used where a real-estate broker is involved or discriminatory advertising is used.
Massachusetts has additional protections and exceptions of its own. State law protects race, religion, sex, marital status, source of income, sexual orientation, gender identity, familial status, and other characteristics.
Owner-occupied two-family housing receives limited treatment under M.G.L. c.151B, but using brokerage services, discriminatory advertising, or certain protected circumstances can eliminate or narrow that exemption.
Therefore, the old simplistic "widowed owner may rent only to another widow" answer should not be memorized as a general Massachusetts rule.
Study Guide Reference: Practice of Real Estate - Federal and Massachusetts Fair-Housing Exemptions.
NEW QUESTION # 206
Which of the following statements about the leasing of apartments in Massachusetts is correct?
Answer: A
Explanation:
In Massachusetts, tenancies at will are legally enforceable and governed by M.G.L. c. 186, 12. This type of tenancy exists without a fixed lease term and continues until terminated by proper notice (30 days or one full rental period, whichever is longer).
Other options are incorrect:
Security deposits (M.G.L. c. 186, 15B) accrue interest from the date received, not after one year.
Leases do not terminate when property is sold; the new owner assumes the landlord's obligations under the lease.
Death of the landlord does not terminate a lease; the landlord's estate or heirs become the landlord under Massachusetts law.
Therefore, the correct statement is that tenancies at will are enforceable under the law.
Reference: M.G.L. c. 186, 12 & 15B; Massachusetts Sanitary Code 105 CMR 410.
NEW QUESTION # 207
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