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Notes From the Legal Hotline: May 2023
May 1, 2023
Q: What legal remedies does a landlord have when a tenant terminates their lease early? A: A lease is a legally enforceable contract between the landlord and tenant and a breach of a lease contract will have ramifications on the breaching party. A landlord cannot force a tenant to remain in the leased property, but a tenant who terminates a lease early may remain responsible for rental payments until a… -
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Advertising Basics & Social Media Pitfalls – How to Avoid Running Afoul of Massachusetts Law and the REALTOR® Code of Ethics
April 28, 2023
Welcome Spring – and hopefully a few more listings! Low inventory has been a challenging obstacle in today’s market and, in some cases, has led to questionable advertising practices as more agents compete for fewer listings. As we embark on a new season of many sales, please keep the following basic advertising rules and regulations in mind: LICENSE LAW: 254 CMR 3.00 First and foremost, advertisements must comply with all… -
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Statement of the Massachusetts Association of REALTORS®, REALTOR® Association of Central Massachusetts, and REALTOR® Association of Pioneer Valley in Support of S.495, an act relative to Crumbling Concrete Foundations
April 18, 2023
On behalf of the more than 27,000 licensed member professionals of the Massachusetts Association of REALTORS® (MAR), including locally impacted associations, the REALTOR® Association of Central Massachusetts and the REALTOR® Association of Pioneer Valley, we hereby express our support for S.495, An Act relative to crumbling concrete foundations. REALTORS® are concerned that Massachusetts is just now beginning to see signs of a much larger problem with grave consequences for homeowners.… -
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Navigating Fair Housing Questions about Kids and Pets, Oh My!
April 7, 2023
Your landlord client undoubtedly turns to you, their REALTOR® as the housing expert; while these answers are here to help guide your understanding of the interplay between fair housing, kids and pets... -
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Be a Community Expert without Violating Fair Housing
April 7, 2023
Buyers undoubtedly look to their REALTOR® for community expertise. REALTORS® often field questions about the quality of schools, the kids in the neighborhood and general safety. -
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Discriminatory Advertisements and How to Avoid Them
April 5, 2023
The Fair Housing Act prohibits housing providers from making statements or placing advertisements that discriminate based on race, color, national origin, religion, sexual orientation, gender identity, familial status, disability, source of income, and certain other characteristics. -
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ChatGPT and AI: Potential Fair Housing Concerns
April 5, 2023
Artificial Intelligence promises to continue to make big gains in the real estate space offering digital assistance and automatically generating advertising and marketing content. However, it is crucial that REALTORS® identify potential ethical implications of this technology. -
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Can a Landlord Require Employment Verification from a Prospective Tenant?
April 5, 2023
Landlords want to know if the tenant applicant will pay the rent on time, keep the apartment in good condition and be a good neighbor, however, they are limited in permissible screening inquiries by Massachusetts law. -
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New Sanitary Code Effective in April — Implementation Delayed
April 5, 2023
The publication date and effective date of the updated Code is May 12, 2023. Additional information can be found here: https://www.mass.gov/info-details/housing-code. Following several rounds of debate and revisions, Massachusetts has a new State Sanitary Code going into effect in April, 2023. While many of the previous provisions remain, there are several significant changes that REALTORS® should take note of. The new Code may be accessed here. Landlord Access: Except for emergency situations,… -
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Notes from the Legal Hotline: April 2023
March 31, 2023
Q. What steps can a brokerage take to ensure compliance with all Fair Housing laws? A. With April being Fair Housing month, it’s a good time to review office policies and procedures to ensure compliance with all applicable Fair Housing laws. Compliance with fair housing is not only a legal requirement under both federal and state laws, but it is also an ethical obligation under the REALTOR® Code of Ethics…
