LEGAL HOTLINE: Know the laws about real estate commissions and LLCs

2018-02-01T21:03:07+00:00

With the passage of tax reform and the complexities around the new laws, it’s important to remember who and how brokers may pay people commissions in Massachusetts. Many CPAs may be advising REALTORS® to form an LLC to receive an agent’s commission, a broker and agent must take in account specific Massachusetts laws. The licensing [...]

LEGAL HOTLINE: Know the laws about real estate commissions and LLCs 2018-02-01T21:03:07+00:00

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase

2018-01-30T21:15:27+00:00

LEGAL HOTLINE: Understanding the Laws Regarding Interest Bearing Escrow Accounts for Deposits to Purchase Security deposits for rentals have to be held in an interest bearing account. Does it also hold true for deposits on a purchase? Answer: No. There is no obligation for an escrow agent to hold deposit funds for a purchase in [...]

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase 2018-01-30T21:15:27+00:00

Make Sure Your Facebook Page Follows Ethical & Legal Rules

2018-01-24T04:28:28+00:00

Facebook has become a key tool for success of the modern REALTOR®. With a powerful ability to reach an engaged local market and an affordable and impressive advertising program, Facebook helps REALTORS® generate leads, cultivate customer relationships and display their local expertise every day. However, Facebook can also be a place to get a REALTOR® [...]

Make Sure Your Facebook Page Follows Ethical & Legal Rules 2018-01-24T04:28:28+00:00

Legal Hotline: The Legal and Ethical Limitations of Offering Client Rebates

2018-01-16T19:38:18+00:00

The offering of rebates to clients at the close of a transaction has become more common as a marketing strategy in some business models, especially in extremely competitive markets. However, doing so, raises legal and ethical limitations that REALTORS® should be aware of when offering rebates. Answer: Although it is both legal and ethical for [...]

Legal Hotline: The Legal and Ethical Limitations of Offering Client Rebates 2018-01-16T19:38:18+00:00

How Changes to the Digital Millennium Copyright Act Affect Cape Cod REALTORS

2017-12-13T16:30:33+00:00

The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which would likely include multiple [...]

How Changes to the Digital Millennium Copyright Act Affect Cape Cod REALTORS 2017-12-13T16:30:33+00:00

Legal Hotline: My Deal Fell Apart Because of An Unfavorable Inspection. Now What?

2017-10-03T17:46:49+00:00

I represent the seller in a deal that fell through due to an unfavorable home inspection report. Do I have to disclose to future prospective purchasers the reasons why the original buyers backed out? Most likely, yes. Attorney General regulations explaining Chapter 93A provide that it is a violation when an agent, “fails to disclose to [...]

Legal Hotline: My Deal Fell Apart Because of An Unfavorable Inspection. Now What? 2017-10-03T17:46:49+00:00

Legal Hotline: My Client Doesn’t Know If Permits Were Pulled for Their Basement

2017-09-26T14:27:33+00:00

It can be a difficult situation if you are dealing with a seller or potential seller who is unsure if the permits for finishing their basement were obtained. Here are the basics of the legal and ethical considerations REALTORS should consider when advising their seller and your requirements for disclosure: The State Building Code requires [...]

Legal Hotline: My Client Doesn’t Know If Permits Were Pulled for Their Basement 2017-09-26T14:27:33+00:00

Legal Hotline: What Type of Referral Constitutes a RESPA Violation?

2017-07-22T16:19:22+00:00

Referrals to local service providers can be a sticky situation for many REALTORS®. Local service providers such as handymen, landscapers, fuel providers, contractors and others are lucrative sources of business for REALTORS®, and are often in a REALTOR®'s social circle as friends, acquaintances and fellow club members. It is obviously quite tempting to set up mutually [...]

Legal Hotline: What Type of Referral Constitutes a RESPA Violation? 2017-07-22T16:19:22+00:00

Legal Hotline: Key Considerations When Using an Escalation Clause

2017-07-07T15:58:37+00:00

In this real estate market, multiple offers seem to be becoming the norm and buyers agents are trying to do what they can to ensure they have the best offer. This also means listing agents need to know how to evaluate all offers to ensure they are getting the best offer for their seller. Buyers [...]

Legal Hotline: Key Considerations When Using an Escalation Clause 2017-07-07T15:58:37+00:00

Q&A on the new state mandated disclosure form

2017-05-05T20:26:38+00:00

All Realtors® should be aware that the Board of Registration for Real Estate Brokers and Salespersons has issued a new Mandatory Agency Disclosure Form. The form’s official title is the Massachusetts Mandatory Real Estate Licensee – Consumer Relationship Disclosure. The form is designed to provide the same kinds of disclosures to consumers while clarifying and [...]

Q&A on the new state mandated disclosure form 2017-05-05T20:26:38+00:00
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