Notes from the MAR Legal Hotline: December 2019
Q. I’m selling a “Smart Home” and my seller isn’t sure which devices need to stay with the property. Are smart devices considered fixtures? A. It depends. The analysis for determining whether a smart device is a fixture or personal property is not unique. A fixture is typically defined as an item that is permanently attached to the real property, such as a chandelier or window shutters. Items that are not fixtures are considered personal property – or chattel – such as the furniture in the home. Ownership of fixtures transfers with ownership of the house, whereas personal property does not.
Notes from the MAR Legal Hotline
Q. I have a landlord client who wants to increase the rent on an occupied unit – can they do that? A.Yes, a landlord in Massachusetts may increase the rent on an occupied unit, but the proper way to do that depends on whether the occupant is a tenant at will or has a lease agreement. In the case of a tenant at till, a landlord must give the tenant a Notice to Raise the Rent no fewer than 30 days before the proposed increase will take effect. Longer notice is required in those situations in which a tenant pays rents at periods longer than monthly. The
Notes from the MAR Legal Hotline: October 2019
Q. I’ve listed a house that is rumored to be haunted – does this need to be disclosed to prospective buyers? A. Disclosure in this situation is only required if asked. Massachusetts General Laws Chapter 93, Section 114 specifically states “[t]he fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction.” The definition of “psychologically impacted” includes properties that were the site of a felony, suicide, or homicide, or the site of parapsychological or supernatural phenomenon. If a consumer does ask,
Notes from the MAR Legal Hotline
Q. What, if anything, do I have to disclose to prospective buyers about conditions that are outside the four corners of the property? A. There is no bright-line rule that limits an agent’s disclosure obligations under Chapter 93A to the geographic boundaries of the property. We received guidance on this issue from the Supreme Judicial Court in the case of Urman v. South Boston Savings Bank. Chapter 93A does not impose a duty to disclose unless there is actual knowledge of the defect. However, the court did not limit the duty to disclose to conditions within the property lines. Instead, the court
Notes from the MAR Legal Hotline
Q: Is sharing a lockbox code with a buyer client illegal? A: No, it is not illegal for a REALTOR® to share a lockbox code with a buyer without the express permission of the seller, but it is likely a violation of the REALTORS® Code of Ethics. Article 3 of the Code of Ethics places a duty on all REALTORS® to cooperate with other brokers except when cooperation is not in the client’s best interest. Standard of Practice 3-9 explicitly states that “REALTORS® shall not provide access to the listed property on terms other than those established by the owner or
Notes from the MAR Legal Hotline
Q: Can I put surveillance cameras on my property to make sure the tenants in my vacation rental are following the rules? A: No, while it is certainly understandable that you would want to make sure the provisions of the lease agreement are being followed, placing surveillance cameras in your property may subject you to both criminal and civil liability. Massachusetts General Laws Chapter 214, Section 1B protects a person’s “right against unreasonable, substantial, or serious interference with his privacy.” Although you, as the landlord, own the property, the people who rent it—whether for a week or a year—are using
Notes from the MAR Legal Hotline
Can a buyer agent place a “sold” sign on the lawn of my listing? What obligations do I have regarding the disclosure of a defect? The MAR legal team answers your questions. Q. Is a landlord required to screen prospective tenants? A. No, Landlords have no affirmative duty requiring them to screen prospective tenants. However, it is in a landlord’s and their other tenants’ best interests to do so. Landlords may be liable for tenant violations of local bylaws and ordinances regarding noise or other disturbances, as well as for damages or injuries to other tenants and neighbors caused by problem
Legal Resources
The MAR Legal Hotline MAR attorneys can assist members with questions about current state and federal laws and regulations, permissible business practices, and important court rulings affecting real estate professionals in Massachusetts. The Legal Hotline is intended to provide general guidance to MAR members. Information received through the Legal Hotline is not to be used to counsel other real estate licensees or the public. Members are encouraged to seek independent legal counsel to assist with specific situations. To Access the Legal Hotline: Members may access the Hotline by calling 1-800-370-LEGAL (5342) or by sending an e-mail to legalhotline@marealtor.com Please note
From the Editor: My Parents were ‘Fur Parents’ First
If you were to ask my parents who their first child was, they wouldn’t say my name, their actual biological first-born. They would answer with the names of their golden retrievers Fetchit and Sunny. This was in the early 70s and they were “fur parents” before there was even a term for it. Regardless of the time period, growing up with pets is a great experience. My animals were the best companions. When I didn’t have a friend to play with, I always had one of my pets. Growing up on a dead-end street in the suburbs, having a pet
From the Editor: Small Plates
One thing I remember from Spanish class back in high school had nothing to do with learning to speak Spanish. It had to do with tapas. It wasn’t something I’d ever heard of before. Specifically, what I remember wasn’t the type of food tapas was as much as how it got its name. The teacher taught us that the Spanish verb “tapar” meant “to cover.” She said in Spain, when you ordered a drink at the bar or café, that it would come with a small bite of food, on a plate. That plate was placed on the top of