By Stephen J. Ryan, Esq.
MAR Legal Counsel

Here are a few recent questions posed on the MAR Legal Hotline, which should provide some direction on how to deal with complex real estate issues.

Radon Study
Q. I heard that there was a new study by the World Health Organization (WHO) that deals with Radon levels in homes. Does this new study mean that there is some new state or federal requirement for Radon testing or
abatement in MA?

A. No. The WHO’s new recommendation (which it stated in the European metric method at 100 Becquerel per cubic meter) is equivalent to 2.7 picocuries per liter, according to the EPA, the federal agency that addresses
radon issues. The EPA has recently stated that they are not considering changing their recommended action level of 4.0, partly because the round
number is easy for the public to remember. While most standard real estate contracts typically afford the buyer the opportunity to conduct a radon test if the seller agrees, there is no law that mandates that such a test is required
and no rule that mandates that a seller or buyer must abate the radon issue if a level higher than 4.0 picocuries is found. For more information on radon and homes, go to www.epa.gov/radon.

New Hampshire Licensee, Massachusetts Property
Q. A real estate agent from N.H. wants to show his client my Mass. listing. He’s not licensed in Mass. but said he could show it because his broker had a Mass. license and she would be the one paid when the transaction closed. Is he right?

A. No, he is mistaken about the requirements of Massachusetts license law. Under MGL 112 Sec. 87RR, a salesman is prohibited from providing
services defined as brokerage if he is unlicensed. The fact that he has a New Hampshire real estate license does not change the fact that he is
unlicensed in Massachusetts. Further, the Mass. license of his broker does not mean that he, as a N.H. licensee, can sell homes in this state. The Mass.
Board of Registration has a great summary of the reciprocity requirements for out of state licensees on their website: http://www.mass.gov/dpl/boards/re/forms/recinf01.pdf

Identity Theft/Data Security
Q. What is the status of the new identity theft and data security regulations and how do I know if I am required to comply.

A. Originally set to become effective on January 1, 2010, the  implementation of the new state regulations to address the issue of identity theft and data security has been delayed until March 1, 2010. In addition to
delaying the implementation date, the state has made several key changes to the actual regulations, although who it applies to has not changed—any
business in Massachusetts that collects and retains any personal information of residences of the state i.e. name, social security, driver’s license number, and financial account information. A main revision of the regulation is that the written security program detailing the protection of personal information
required can now use a “riskbased” approach which allows a business to take into account the business’ size, the nature of business, amount of resources, kinds of records maintained, and the risk of identity theft by the
business. This is a particularly important change for many REALTORS® who may not handle or store large amounts of personal information. Please watch for additional updates on this issue. 

 

REALTORS® with additional questions may call the MAR Legal Hotline at 800-370-5342 weekdays from 9 a.m. to 1 p.m.