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,
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