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Real Estate Massachusetts-Real-Estate-Salesperson Dumps Guide, Massachusetts-Real-Estate-Salesperson Exam Answers
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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q77-Q82):
NEW QUESTION # 77
The common area of a condominium development is owned by
- A. those owners who were original owners of the units.
- B. any individuals who pay a prorated share of the taxes and maintenance.
- C. all owners as tenants in common.
- D. its duly elected Board of Directors.
Answer: C
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
In a condominium, each unit owner holds fee simple title to their individual unit, plus an undivided interest in the common areas (hallways, lobbies, grounds, recreational facilities). This interest is shared as tenants in common with all other owners, meaning no single owner can claim exclusive rights to any portion of the common elements.
A: The Board of Directors manages the property but does not own the common areas.
B: Original ownership does not confer unique rights; ownership passes with each sale.
C: Paying a prorated share of expenses is required, but ownership is based on deeded rights, not payment.
Therefore, the correct answer is D: all owners as tenants in common.
Reference: Massachusetts Condominium Act (M.G.L. c.183A); Massachusetts Real Estate Salesperson Candidate Handbook - Property Ownership.
NEW QUESTION # 78
In a firm whose business model is designated agency, who represents the client named in the consumer licensee disclosure form?
- A. All other designated seller agents
- B. Only the individual agent(s) named on the consumer licensee disclosure form
- C. All other designated buyer agents
- D. All the licensees
Answer: B
Explanation:
In a designated agency model, a brokerage allows for agents within the firm to represent different parties in the same transaction, provided they are designated to do so. The client is represented by only the agent(s) named on the consumer licensee disclosure form.
This model ensures that the interests of both the buyer and seller are separately represented by agents who have been specifically appointed by the broker to represent each party. Other agents in the firm do not have fiduciary duties to the client unless explicitly designated.
The designated agency structure allows for more specialized attention and reduces conflicts of interest, as only the designated agent represents the client.
Reference: 254 CMR 3.00 - Agency Relationships; Massachusetts Real Estate Candidate Information Bulletin.
NEW QUESTION # 79
Which of the following activities may result in a fine from the Massachusetts Commission Against Discrimination (MCAD) against a licensee?
- A. Blockbusting
- B. Acting in the dual capacity of broker and undisclosed principal in the same transaction
- C. Failing to give both the buyer and the seller a copy of the purchase and sales agreement
- D. Knowingly making any substantial misrepresentation
Answer: A
Explanation:
The Massachusetts Commission Against Discrimination (MCAD) is the state agency responsible for enforcing the Massachusetts Fair Housing Law (M.G.L. c. 151B). Blockbusting is the illegal practice of inducing homeowners to sell by suggesting that protected classes of people (such as minorities, families with children, or people receiving public assistance) are moving into the neighborhood, often suggesting declining property values.
This practice is explicitly prohibited under both federal law (Fair Housing Act) and Massachusetts General Law. MCAD has the authority to investigate complaints of housing discrimination and levy fines against licensees found guilty of such violations.
While misrepresentation or undisclosed dual capacity may lead to disciplinary action by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons, only violations of fair housing law, such as blockbusting, steering, or refusing to deal with members of protected classes, fall under the jurisdiction of MCAD.
Reference: Massachusetts General Laws c. 151B; MCAD Fair Housing Guidelines; 254 CMR 3.00.
NEW QUESTION # 80
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
- A. De-lead or make lead-safe whether the tenant requires it or not.
- B. Not de-lead because this is only a six-month lease.
- C. Write into the lease that the tenant has agreed that de-leading is not necessary.
- D. Wait to de-lead until the owner has sufficient funds.
Answer: A
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 # 81
An offer of $569,000 is verbally accepted by a seller. Two hours later an offer of $589,000 is presented to the seller, which the seller accepts in writing. Based on the above situation the first buyer is
- A. Not entitled to purchase the property.
- B. Entitled to purchase the property.
- C. Entitled to an additional offer.
- D. Not entitled to the status as a backup offer.
Answer: A
Explanation:
Under Massachusetts law and the Statute of Frauds (M.G.L. c. 259), all contracts for the sale of real property must be in writing and signed to be enforceable. A verbal acceptance of an offer does not create a binding real estate contract. Therefore, when the seller verbally accepted the first offer of $569,000, no enforceable agreement was formed.
Later, when the seller accepted the $589,000 offer in writing, that acceptance created the first legally binding contract because it was in writing and signed. The first buyer cannot compel the seller to sell to them, as there was no enforceable written agreement.
Thus, the first buyer is not entitled to purchase the property. Only the second, written offer created enforceable contractual rights.
Reference: Massachusetts General Laws Chapter 259 (Statute of Frauds); Massachusetts Real Estate Candidate Information Bulletin, Section: Contracts.
NEW QUESTION # 82
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