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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q135-Q140):

NEW QUESTION # 135
In a jurisdiction where a seller's property condition disclosure is required, the licensee is responsible for

A. checking the disclosure for accuracy and ensuring that the buyer receives it before closing.
B. completing the property condition disclosure.
C. ensuring that the buyer receives the property disclosure before the contract is finalized.
D. ensuring that the seller complete the property condition disclosure before closing.

Answer: C

Explanation:
In Massachusetts, property disclosure laws are strict about timing and delivery but do not place the responsibility of accuracy on the real estate licensee. The property condition disclosure is completed and signed by the seller, not the agent. The agent's duty is to facilitate compliance with disclosure requirements, specifically ensuring that the buyer has received the disclosure before the purchase and sale agreement is finalized.
This requirement protects buyers by allowing them to make informed decisions about the condition of the property before entering into a binding contract. Licensees are not required to fill out or verify the accuracy of the disclosure; their duty is limited to ensuring delivery. Massachusetts regulations (M.G.L. c. 93, §114) and the Massachusetts Real Estate Salesperson Exam materials clearly emphasize that:
Sellers complete the disclosure themselves.
Buyers must receive the disclosure before signing binding documents.
Licensees are responsible only for delivery, not for content accuracy.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook; Massachusetts General Laws c.93,
§114.

NEW QUESTION # 136
A salesperson owns an apartment complex in Boston. The salesperson has decided to advertise the property for sale in a local newspaper and personally sell it. If the salesperson proceeds in this manner, the salesperson is

A. Violating the law because the salesperson is not a broker and cannot advertise.
B. Not violating the law because the broker-salesperson distinction does not apply to commercial properties.
C. Not violating the law because the salesperson has all the rights of a non-salesperson owner.
D. Violating the law because a salesperson may not sell an income-producing property.

Answer: C

Explanation:
A salesperson in Massachusetts, when selling their own property, has the same rights as a non-salesperson owner. The broker-salesperson distinction does not apply when an individual is selling their own property. A salesperson is not restricted from selling their own property, even if it is an income-producing property like an apartment complex.
The key distinction is that salespersons are prohibited from engaging in real estate activities for others without the supervision of a licensed broker. However, in this scenario, the salesperson is acting as an individual property owner and is free to advertise and sell the apartment complex without violating the law.
Therefore, the salesperson is not violating the law and has all the rights of a non-salesperson property owner.
Reference: M.G.L. c. 112, 87RR - Licensee Requirements; Massachusetts Real Estate Candidate Information Bulletin.

NEW QUESTION # 137
When lending standards are tightened, lenders typically require

A. a higher loan-to-value ratio.
B. a waiver of the Equal Credit Opportunity Act.
C. a balloon payment after 5 years.
D. a lower loan-to-value ratio.

Answer: D

Explanation:
The loan-to-value ratio (LTV) is the loan amount compared to the property's value or purchase price.
A lower LTV ratio means that the borrower must make a larger down payment, reducing the lender's risk.
A higher LTV ratio (A) increases risk and is more common in loose lending markets.
C (balloon payments) is a loan feature, not directly related to tightening standards.
D (waiving ECOA) is illegal; lenders cannot require waiving anti-discrimination protections.
Thus, in tighter credit markets, lenders protect themselves by requiring lower LTV ratios.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Financing; Federal Reserve Lending Guidelines.

NEW QUESTION # 138
The Massachusetts Consumer Protection Act requires that

A. The seller's information be kept confidential.
B. The buyer be informed of all offers.
C. The broker disclose known material defects.
D. The seller disclose all offers received.

Answer: C

Explanation:
The Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits unfair or deceptive practices in trade or commerce. In real estate, this means that a broker must disclose known material defects to prospective buyers. Failing to do so constitutes a deceptive act and can subject the broker to liability, including double or treble damages, attorney's fees, and court costs.
While sellers and buyers have their own disclosure obligations, the statute specifically imposes consumer protection responsibilities on businesses, including real estate brokers. Confidentiality of client information is a fiduciary duty under agency law, not a requirement of Chapter 93A. Offers themselves must always be presented to clients, but Chapter 93A focuses primarily on material misrepresentation and nondisclosure.
Reference: M.G.L. c. 93A; 254 CMR 3.00; Massachusetts Real Estate Candidate Information Bulletin - Consumer Protection Law.

NEW QUESTION # 139
A broker maintains a trust or escrow account. A $10,000 earnest money deposit is received from a buyer and deposited in the account. Several weeks later and prior to closing, the broker withdraws $7,000 from the account and puts it in an operating account. This transaction is

A. permissible as long as the broker is entitled to at least $7,000 in commission.
B. an instance of illegal conversion of funds.
C. permissible if the seller was informed about the transfer of funds.
D. a violation of federal banking regulations.

Answer: B

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Escrow (trust) accounts must hold client funds untouched until proper disbursement (closing, termination, or mutual written instructions). Withdrawing funds prematurely is considered conversion, the illegal taking or use of another's money.
A: Brokers may only disburse commission funds after closing, not in advance.
B: This is not primarily a banking violation, but a license law violation.
D: Disclosure to the seller does not legalize misappropriation.
Massachusetts law (254 CMR 3.10) strictly prohibits commingling and conversion of escrow funds.
Violations can result in loss of license and criminal liability.
Correct answer: C.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Escrow Accounts; 254 CMR 3.10.

NEW QUESTION # 140
......

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