July Notes From the Legal Hotline
Q. Is a listing agent able to hold offers to present to the seller at a later date? A. Yes, but only if instructed by their seller to present all offers at a certain time. An agent may not unilaterally decide to hold all offers until a date certain or place any other limitations on the presentation of offers. If a seller has not instructed the agent to delay the presentation of offers, the agent must promptly present them as required by the Massachusetts Regulations and the REALTOR® Code of Ethics. If an agent receives instructions from a seller modifying any
Notes From the Legal Hotline: March 2020
Q. There is a discrepancy between the town’s field card and the septic rating for my listing. What number of bedrooms can I use in my advertisements? A. As a best practice, any advertisements should state the smaller of the two numbers when listing the number of bedrooms in the property. The property description may include language that highlights the discrepancy between the two sources and note the potential for additional bedrooms. Including the smaller number in the field that will be used for search purposes, protects the listing agent from potential claims of misrepresenting the property. Both Article 12 of
Notes From the Legal Hotline: February 2020
Q. What does the new guidance from HUD on assistance animals mean? A. The guidance issued by HUD on January 28, 2020, explains how housing providers should handle requests for reasonable animal-related accommodations to comply with the Fair Housing Act The full guidance can be found here: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf. While this notice does not change the law, it clarifies how to handle circumstances that are often confusing. The guidance includes a step by step analysis for requests for a reasonable accommodation for an assistance animal, specifically noting the differences between service animals (i.e. dogs trained as guide dogs) and emotional support
Notes From the MAR Legal Hotline: May 2020
The ongoing COVID-19 pandemic continues to disrupt real estate transactions and has raised many questions from our members. These are just a few of the many questions we know you have. MAR is here to help you navigate through these uncertain times with the latest information and updates. Please watch for emails from MAR and check www.MARCOVID19.com for all the latest news Also let us know what other concerns you have and any problems you are seeing in the marketplace as a result of the pandemic. And most importantly, stay safe. Q. My buyer does not want to take on the
Notes From the MAR Legal Hotline: April 2020
This month’s edition of the Notes from the Legal Hotline focuses on disruptions to the real estate industry as a result of COVID-19. These are just a few of the many questions we know you have. MAR is here to help you navigate through these uncertain times with the latest information and updates. Please watch for emails from MAR and check www.MARCOVID19.com for all the latest news Also let us know what other concerns you have and any problems you are seeing in the marketplace as a result of the pandemic. And most importantly, stay safe. Q. My town is not
Notes From the MAR Legal Hotline
Q. A tenant is asking permission to have an emotional support animal and the building does not allow pets –can I say no? A. In many situations you may be required to make an exception to a “no pets” policy for a tenant who requires an assistance animal. Under Fair Housing laws, an assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet. Housing providers may not refuse
Notes From the MAR Legal Hotline
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: 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,