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 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: 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: 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 [...]

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 [...]

LEGAL HOTLINE: Sharing listings on social media

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

Your clients live in their social media feeds, so that’s where you want to be too. However, when it comes to using social media for marketing your properties, there are some dos and do nots you need to be aware of. Q: My company wants to start advertising our listings on social media. How can I be [...]

New Massachusetts agency disclosure form to be used

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 [...]

LEGAL HOTLINE: An overview of recent MassForms changes

2017-05-05T20:26:45+00:00

Every year, the Massachusetts Association of REALTORS® makes updates to its forms as it examines changes in the marketplace and feedback from members. Here is the overview of the changes made in 2015 to the state forms: The “Broker’s Duties” sections in the MassForms® Exclusive Listing Agreements (Forms Numbers 707, 708, 709, 715) were amended [...]

LEGAL HOTLINE: Property owner responsibilities for snow removal

2017-05-05T20:26:45+00:00

Below are Questions and Answers from the Massachusetts Legal Hotline attorneys, Michael McDonagh, Ashley Stolba and  Justin Davidson. Q. My client owns a rental property and insists that he has no responsibility for removal of snow except for clearing the sidewalks as required by a municipal ordinance. Is he correct? A. No. The usual rule is that it [...]

Legal Hotline: Cameras in houses and livestream marketing

2017-05-05T20:26:45+00:00

Q. I have listed a property and the seller has outfitted his home with webcams. He says it is to keep an eye on the property, but I think it is to listen to conversations and see who is viewing the house. Must I disclose to potential buyers and their agents that they are being [...]