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Notes From the Legal Hotline: October 2022
October 3, 2022
Q: Can a brokerage operate as a designated agency on a per-transaction basis? A: No, because of the way agency relationships in real estate transactions work, the type of agency a brokerage practices must be consistent for all transactions. A brokerage may elect to transition from traditional agency to designated agency, or vice versa, as an office policy, but the type of agency practiced at any given time must be… -
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Convention Safety: 5 Things You Must Add to Your Safety Checklist
September 6, 2022
This is an NAR contributing article. Real estate agents have several opportunities to attend conventions throughout the year. We often talk about safety while working, however, protecting yourself while attending conventions, while in hotels and touring new cities, is just as important. Please review the following tips and make them… -
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Notes From the Legal Hotline: September 2022
September 1, 2022
Q: The financing contingency date in the contract has passed and the buyer has not informed us of whether they received a commitment – is the deal dead? A: Not necessarily. The passing of any contingency date without an extension or notification of withdrawal by the buyer simply means that… -
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Housing Production Law Becoming Reality
August 10, 2022
In December, we provided an update on the draft guidelines for the MBTA Communities program created by last session’s economic development bill. The program requires that certain municipalities that benefit most from Massachusetts Bay Transit Authority service have at least one district of a reasonable size where multifamily housing can… -
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End of Session Legal Update
August 8, 2022
And just like that, with the stroke of midnight on July 31st another successful two-year legislative session came to a peaceful close … or something like that. So, what really happened is: time stopped (officially) and the Legislature continued long into the night and following day. They reached landmark compromises… -
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Notes From the Legal Hotline: August 2022
August 1, 2022
Q: Should a buyer’s agent be checking permits for their clients? A: No. A buyer’s agent’s job is to ensure that their client’s interests are best served throughout the transaction. While this may include advising the client regarding potential issues with outstanding permits or unpermitted work on the property, the… -
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State Enacts New Discrimination Protections
July 27, 2022
On July 26, the Governor signed H.4554 into law, prohibiting discrimination based on natural hairstyles. The law was borne out of schools and athletic organizations limiting student participation based on hairstyles historically associated with race. Massachusetts joins 18 other states as part of a national movement to pass this type… -
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Notes From the Legal Hotline: July 2022
July 1, 2022
Q: I have a tenant who is offering to pay 6 months of rent upfront – is that allowed? A: No. For tenancies greater than 100 days in duration, the provisions of the Security Deposit statute apply. The statute prohibits a lessor from requiring a tenant to pay any amount… -
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Notes From the Legal Hotline: June 2022
June 2, 2022
Q: What do REALTORS® need to know to avoid antitrust liability? A: The best way to avoid antitrust liability is to ensure that all business decisions are made independently within the brokerage. The potential for antitrust liability arises any time two or more competitors discuss their business practices. REALTORS® must… -
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Notes From the Legal Hotline: May 2022
May 4, 2022
Q: If I have two buyer clients interested in submitting an offer on the same property, am I a dual agent? A: No, dual agency occurs when one licensee represents both sides of the transaction. An agent may represent multiple buyers interested in the same property without entering into a…
