• New Regulations May Add Significant Costs for Homeowners

    January 17, 2023

    - By The MAR Legal Team

    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…
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  • Scam Warning!

    January 12, 2023

    - By The MAR Legal Team

    Last Updated: Monday, April 22nd, 2024 The real estate industry has become accustomed to the ever-evolving threats of fraud, whether it be through wiring instructions, postings of listed properties for rent, or even fraudulent parties in a transaction. “Land Scams” involving fraudulent sellers/buyers have been occurring with more regularity in marketplaces across the country, including Massachusetts. In this scam, an individual contacts a broker to list a property for sale,…
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  • Notes From the Legal Hotline: January 2023

    December 23, 2022

    - By The MAR Legal Team

    Q: Who has the legal obligation to remove snow and ice from a property? A: The State Sanitary Code requires owners to keep all means of egress free from obstruction, including snow and ice. Property owners owe a duty of reasonable care to visitors of the property and may be liable for injuries caused to a visitor due to the failure to remove snow and ice. This duty extends to…
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  • Cummings Properties, LLC vs. Darryl C. Hines Case Summary

    December 20, 2022

    - By The MAR Legal Team

    A recent decision by the Massachusetts Appeals Court addressed the question of whether a rent acceleration clause in a commercial lease operates as a legitimate liquidated damages provision or is unenforceable as a penalty.    In the case at hand, Cummings Properties, LLC v. Darryl C. Hines, the tenant defaulted on his rent payments just two months into a 5-year lease. Pursuant to the liquidated damages clause in the lease agreement,…
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  • MAR Advocacy Curbs Frivolous Lawsuits, Promotes Development

    December 16, 2022

    - By The MAR Legal Team

    On December 14th, the highest court in Massachusetts, the Supreme Judicial Court (SJC), issued its decision in Terrence Marengi & others vs. 6 Forest Road, LLC & others (SJC-13316). The court ruled in-line with our amicus brief, that a new law MAR supported to prevent frivolous anti-development lawsuits, would apply to affordable housing developments created under a law known as Chapter 40B.    Background: In 2014, MAR began advocating for statutory…
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  • NAR Forecasts 4.78 Million Existing-Home Sales, Stable Prices in 2023

    December 14, 2022

    - By Troy Green

    This is an NAR contributing press release WASHINGTON (December 13, 2022) – Lawrence Yun, NAR chief economist and senior vice president of research, forecasts that 4.78 million existing homes will be sold, prices will remain stable, and Atlanta will be the top real estate market to watch in 2023 and beyond. Yun unveiled the association’s forecast today during NAR’s fourth annual year-end Real Estate Forecast Summit. Yun predicts home sales will…
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  • Notes From the Legal Hotline: December 2022

    December 2, 2022

    - By The MAR Legal Team

    Q: Does a buyer whose offer was not accepted have the right to a written objection? A: No. Most offers are valid for a finite period of time, as specified in the offer itself. Once that time period has lapsed without an acceptance, the offer is no longer valid, acting as a de facto rejection by the seller. A buyer has the ability to request a formal written rejection, but…
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  • National Association of REALTORS® Installs 2023 Leadership Team

    December 2, 2022

    - By NAR Contributing Article

    This is an NAR contributing article. ORLANDO (November 14, 2022) – Kenny Parcell was installed as 2023 president of the National Association of REALTORS® during NAR NXT, The REALTOR® Experience(link is external), today in Orlando. Parcell, a REALTOR® from Spanish Fork, Utah, is broker-owner of Equity Real Estate Utah. He served as NAR’s vice president of government affairs in 2018 and was the REALTOR® Party RPAC fundraising liaison in 2017. Parcell…
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  • Eleven Takeaways From the 2022 Profile of Home Buyers and Sellers

    November 28, 2022

    - By Jessica Lautz

    This is an NAR contributing article by Vice President of Demographics and Behavioral Insights, Jessica Lautz. Picking up the 2022 Profile of Home Buyers and Sellers can be a daunting task. There are 142 pages of content, and many charts span the 41-year history of the data set. This post helps you wade through some of the more striking changes. Here are a couple of things to note as you…
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  • The Economic Development Bill is Back

    November 11, 2022

    - By The MAR Legal Team

    Though the two-year formal legislative session ended in August without finality on several significant housing pieces, the Legislature continued its work during informal sessions to reach a compromise on the much-awaited economic development bill. And we continued our advocacy. Earlier this week, the Legislature passed an updated compromise bill (H.5374) containing several important housing elements MAR supports:  Funding – the bill contains just under $450 million in funding for housing…
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