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Notes from the Legal Hotline: March 2023
March 2, 2023
Q: Are there any limitations on the types of transactions a real estate licensee may engage in? A: Once an individual is properly licensed as either a broker or a salesperson in Massachusetts, they are legally permitted to engage in any type of real estate transaction throughout the Commonwealth. Licensees, however, may be subject to discipline under 254 CMR 3.14(e) if they assume any duties or responsibilities that they are… -
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Important Update to MA Board of Registration License Renewal
February 17, 2023
The Massachusetts Board of Registration of Real Estate Brokers and Salespersons has updated their license renewal portal and now requires more details regarding continuing education courses when renewing. Be prepared to renew your license by having the following information with you: The name of the school attended The name of the course taken The date you took the course The total hours of the course Members that have taken… -
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Reasonable Accommodations No Matter Who Asks?
February 15, 2023
In a recent Massachusetts Commission Against Discrimination (MCAD) case, a landlord was required to pay $30,000 in emotional distress damages to the complainants and $17,500 in civil penalties. It was found that his attempt to evict a tenant for non-payment of rent constituted retaliation when the landlord discriminated against that same tenant and her non-tenant boyfriend by failing to make reasonable accommodations for his emotional support dog. There is a… -
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Development Can Improve Coastal Floodplain Management
February 7, 2023
As sea levels rise, the earth warms and storms strengthen, responsible development and regulation in our coastal communities is necessary to protect public health, safety and general welfare as well as still allowing for much needed housing development and helping coastal communities continue to thrive. The key is to create smart solutions to marry responsible development and resource protection, avoid development bans and a “one size fits” all approach on… -
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Notes From the Legal Hotline: February 2023
February 3, 2023
Q: Is a brokerage required to have an escrow account? A: A brokerage is only required to maintain an escrow account if they hold transaction funds. 254 CMR 3.10 requires that all money paid over to a real estate broker during the pendency of a transaction be immediately deposited in a bank escrow account, unless otherwise agreed to in writing by the parties. An escrow account is one in which… -
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MBTA Communities Important Next Steps
February 3, 2023
The first major deadline for the MAR-supported MBTA Communities law took effect on January 31st. The law requires communities served by the Massachusetts Bay Transit Authority to create at least one reasonably sized zoning district where multi-family housing is permitted as of right. (Read more about the law and MAR’s involvement here.) The law covers 175 communities, all of which were required to submit a six-page action plan by January… -
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MAR Successfully Defends Buyer Agency
February 2, 2023
Today, the state’s highest court issued its decision in Biping Huang vs. Jin Ma, a case with significant implications for the practice of real estate. The decision was in-line with a brief MAR filed that explained standard real estate practices and defended a buyer agent’s right to receive their commission when their clients breached an exclusive agency agreement. What’s the case about? In the case, real estate broker Biping Huang… -
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MAR Pushes Back on Expensive Proposal
January 27, 2023
Earlier this month, we shared details of new proposed Massachusetts Department of Environmental Protection (MassDEP) regulations impacting the south coast, Cape Cod and islands. MassDEP is proposing new and amended regulations to decrease nitrogen pollution in area estuaries that may require homeowners to install new nitrogen reducing septic systems that cost upwards of $30,000, in addition to requiring thousands more in one-time and annual costs. Read more about the proposal… -
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New Regulations May Add Significant Costs for Homeowners
January 17, 2023
The Massachusetts Department of Environmental Protection (MassDEP) is proposing new regulations to reduce nitrogen loads in areas of the Cape and South Shore that may significantly increase costs for homeowners. MassDEP has broad authority to regulate Title V, the state septic system law, and nitrogen impaired estuaries, dubbed Nitrogen Sensitive Areas (NSAs). To further that mission, they have proposed new and amended regulations establishing a program they claim will more…
