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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q131-Q136):
NEW QUESTION # 131
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. a violation of federal banking regulations.
- B. permissible if the seller was informed about the transfer of funds.
- C. permissible as long as the broker is entitled to at least $7,000 in commission.
- D. an instance of illegal conversion of funds.
Answer: D
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 # 132
According to the Massachusetts Fair Housing Law, it is unlawful to ask prospective tenants questions about their
- A. Criminal history.
- B. Occupation.
- C. Place of birth.
- D. Income.
Answer: C
Explanation:
The Massachusetts Fair Housing Law (M.G.L. c. 151B) prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, ancestry, veteran status, familial status, disability, or receipt of public assistance. Asking about a tenant's place of birth could reveal information about national origin or ancestry, which are protected classes under both state and federal fair housing law.
By contrast, landlords and brokers are legally permitted to verify income and occupation to determine financial qualifications, and Massachusetts law also permits certain criminal history checks in compliance with state and federal guidelines. However, questioning applicants about their place of birth is directly discriminatory and unlawful.
Reference: M.G.L. c. 151B, 4; HUD Fair Housing Act Guidelines.
NEW QUESTION # 133
The Massachusetts Consumer Protection Act (M.G.L. c. 93A) does NOT apply to which of the following persons?
- A. Owners who sell their homes privately
- B. Listing brokers who receive only a percentage of commissions
- C. Builders who sell fewer than ten homes a year
- D. Salespersons since they are obligated to their employing brokers only
Answer: A
Explanation:
The Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." This law applies to persons engaged in business transactions, including brokers, salespersons, and builders selling homes.
However, a private homeowner selling their own home without engaging in trade or commerce is exempt.
Courts have consistently held that Chapter 93A applies to persons "engaged in business" and does not cover purely private, non-business transactions such as a homeowner selling their own single residence.
Thus, while brokers, agents, and even builders are covered by c. 93A (even if they build/sell fewer than ten homes), a private owner selling without brokerage or business involvement is exempt.
Reference: M.G.L. c. 93A, § 1; Massachusetts Real Estate Candidate Information Bulletin - Consumer Protection Law.
NEW QUESTION # 134
A property manager has successfully negotiated the lease of a home built in 1965 to tenants who have no children. Regarding disclosure of lead-based paint, the property manager should
- A. have the tenants sign the disclosure form and provide them with the required booklet.
- B. give the tenants 10 days to test the home and provide them with the required booklet.
- C. have all the lead-based paint covered or removed by licensed mitigators.
- D. do nothing, as regulations only apply when children are present.
Answer: A
Explanation:
The Residential Lead-Based Paint Hazard Reduction Act (Title X, 1992) requires that landlords and sellers of housing built before 1978 disclose any known lead-based paint hazards to prospective tenants or buyers.
Massachusetts enforces this rule strictly due to its older housing stock.
The law applies regardless of whether children are present. Tenants must receive:
An EPA-approved lead hazard information booklet.
A disclosure form confirming acknowledgment.
Tenants must be informed of their right to test for lead, but in a lease situation they do not automatically get a
10-day inspection period (that applies to sales, not rentals). Covering or removing lead paint (B) is only required if a child under six will occupy the property in Massachusetts, under the Lead Law (M.G.L. c.111
§197).
Thus, the correct answer is D.
Reference: EPA Lead-Based Paint Disclosure Rule; Massachusetts Lead Law; Massachusetts Real Estate Salesperson Candidate Handbook - Environmental Issues.
NEW QUESTION # 135
If owners ask a broker not to show a property to recipients of government assistance, the broker must
- A. Inform the Board of Registration.
- B. Refuse the listing.
- C. Accept the listing.
- D. Inform the Massachusetts Commission Against Discrimination.
Answer: B
Explanation:
Massachusetts law (M.G.L. c. 151B, § 4) prohibits discrimination in housing based on receipt of public assistance, such as Section 8 housing vouchers or other government aid. If a seller instructs a broker not to show a property to prospective buyers or renters receiving government assistance, the broker cannot legally comply with that request.
The broker's fiduciary duty to the client does not extend to violating fair housing law. In such cases, the broker must refuse the listing because accepting it would require them to engage in unlawful discriminatory practices. Reporting to the Board or MCAD is not required; the appropriate action is simply to refuse participation in illegal activity.
This aligns with the Massachusetts Real Estate Licensing Law and MCAD enforcement rules, which hold licensees personally responsible for discriminatory conduct in real estate transactions.
Reference: Massachusetts General Laws c. 151B, Massachusetts Fair Housing Law; MCAD Fair Housing Guidelines; 254 CMR 3.00.
NEW QUESTION # 136
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