Own your present. Empower your future.

This report looks at homeownership trends, the mortgage market and affordability by race, and home buyer demographics from the 2022 Profile of Home Buyers and Sellers, home buyers and fair housing. Some findings include: Hispanic/Latino home buyers reported the highest share of student loan debt at 46% with a median amount of $70,000. Black/African American home buyers reported a median student loan debt amount of $35,300, with 33% saying they had student loan debt. Fifteen percent of Hispanic/Latino and 14% of White/Caucasian and Black/African Americans purchased multi-generational homes. Among those groups, they primarily purchased a multi-generational home to spend more time with aging parents, health/caretaking of aging parents/relatives, wanting a larger home that multiple incomes could afford together, and cost savings. The share of multi-generational buyers was only 12% among Asian/Pacific Islander buyers. Twenty-two percent of Asian/Pacific Islanders, and 11%…

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 not adequately prepared to undertake or for which they have not achieved competency. Additionally, Article 11 of the REALTOR® Code of Ethics contains a similar requirement: REALTORS® shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts…

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 courses through MAR’s continuing education portal can log in to their Online Learning Center  account to retrieve course information. Certificates for completed courses are located under the Dashboard tab. For additional help watch our instructional video here. If you took a course through Learning Library and need the course certificates please email learn@marealtor.com and we will be sure to send those to you. As a reminder, licensees are required to…

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 lot to unpack in this story, so read on to understand what happened and how property owners, managers, and REALTORS® may be affected by this recent decision. The back story: The tenant lived in an apartment complex with an “at will” lease agreement and an explicit no-animal policy. The tenant’s boyfriend and his dog came to stay at this apartment off and on for a few months until the landlord…

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 regulation. What does this look like on an already dense and developed coastline and what can we do to balance our housing needs with the ebb and flow of nature?  Towns and cities are built around their resources, much of the Massachusetts coastline was built for the sea. Coastal access and development are paramount for continued investment in those communities, and they cannot and should not expect coastal development to…

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 the broker maintains the funds on behalf of the parties to the transaction, but has no claim to the funds. A broker holding such funds is obligated to maintain a proper accounting of all funds held and retain those records for a minimum of three (3) years. Q: Can a real estate broker operate as the principal broker for more than one brokerage? A: Yes, an individual holding a Massachusetts…

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 31st in order to remain in the program. The action plan required:   1. Basic information about the municipality and their MBTA service  2. A housing overview   3. Preliminary zoning strategies   4. Action timeline  Failure to submit a plan would leave towns out of compliance with the law and forego their eligibility for funding from:  1. Housing Choice Initiative – provides incentives, rewards, technical assistance and targeted legislative reform…

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 alleged that her former clients breached an oral exclusive buyer’s agency agreement by purchasing a home with another agent. The appeals court struggled with whether Huang was entitled to her commission. Both a majority and dissenting opinion (an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case) discussed at-length whether there should be a “clear statement rule” requiring the…

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 here.  MAR has submitted comments expressing significant concerns about burdening homeowners with this cost. The comments emphasize two points:  Exorbitant Costs – MassDEP has acknowledged that installing the systems required under the proposal will cost $20,000-$30,000. However, that is only the beginning of homeowner expenses that will likely include thousands in landscaping and installation and thousands more in annual maintenance, inspection, and electricity costs. These costs will have a ripple…

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 effectively address nitrogen pollution to estuaries.   What’s an estuary? It’s the point where freshwater rivers meet the salt water of the ocean. These areas are unique ecosystems that support many important and endangered species. Too much nitrogen harms their productivity and can have ripple effects harming plants and animals in the surrounding area.  What is MassDEP proposing? MassDEP is proposing two potential pathways to better protect NSAs. Communities can either: …