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Massachusetts-Real-Estate-Salesperson Test Cram | Training Massachusetts-Real-Estate-Salesperson Kit

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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q79-Q84):

NEW QUESTION # 79
A licensee lists a property and discovers that the property is too far away to market effectively. The licensee's firm retains the listing, but does not advertise or show it. Which of the following has been violated?

A. statute of frauds
B. seller disclosure laws
C. fiduciary responsibility
D. Consumer Protection Act

Answer: C

Explanation:
When a broker accepts a listing agreement, they enter into a fiduciary relationship with the seller. This relationship requires loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care/diligence.
If the licensee fails to market, advertise, or show the property, they are breaching their duty of diligence and care as well as loyalty to the seller's best interests. This is a direct violation of fiduciary responsibility.
The Consumer Protection Act (B) addresses deceptive business practices, seller disclosure laws (C) apply to condition disclosures, and the Statute of Frauds (D) requires certain contracts (like real estate sales) to be in writing. None apply as directly as fiduciary duties in this scenario.
Thus, the correct answer is A: fiduciary responsibility.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Agency & Fiduciary Duties; 254 CMR 3.00 (Board of Registration).

NEW QUESTION # 80
A broker has a single agency relationship with the seller. Any required property condition disclosure would be completed by the

A. listing agent on behalf of seller.
B. listing agent on behalf of broker.
C. broker.
D. seller.

Answer: D

Explanation:
In Massachusetts, the seller is legally responsible for completing the property condition disclosure form. The listing broker or agent may provide the form and ensure it is delivered to prospective buyers, but they do not complete it on behalf of the seller.
The rationale is that the seller is the party with direct knowledge of the property's condition. Licensees must never fill out the disclosure themselves, as this could expose them to liability for inaccuracies. The broker's duty is limited to ensuring the disclosure is provided in accordance with Massachusetts law (M.G.L. c.93,
114) but not to make representations or complete the document.
Thus, the correct answer is A: seller.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Agency & Disclosure Obligations;
M.G.L. c. 93,114.

NEW QUESTION # 81
Rules for Truth in Lending and RESPA call for disclosure documents to borrowers. How can a managing broker best prepare associated licensees to manage these disclosures?

A. The managing broker should train licensees to advise borrowers to accept the Loan Estimate right away.
B. Because the lender has primary responsibility to provide these forms, the broker and licensees should be aware of the items required for the lender to comply.
C. The buyer's broker can provide samples so that when the licensee and the borrower prepare the forms they are following a good example.
D. Because the listing broker will be primarily responsible for completing the Loan Estimate to send to the lender, the broker should train associated licensees to collect all the necessary information in a timely fashion.

Answer: B

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Under TILA-RESPA Integrated Disclosure (TRID) rules, lenders are responsible for providing the Loan Estimate (LE) within three business days of application and the Closing Disclosure (CD) at least three business days before closing. Brokers and agents do not prepare these forms but must understand their content so they can answer client questions and ensure compliance.
The managing broker's best preparation is to train licensees to be knowledgeable about the disclosures and timelines, and to understand what information lenders require from buyers to complete them. This helps prevent delays and ensures borrowers are protected.
Options A, C, and D are incorrect because licensees neither prepare the LE/CD nor advise acceptance "right away." The lender bears responsibility; brokers must only ensure that clients understand their rights and obligations.
Thus, the correct answer is B.
Reference: CFPB TRID Rule (12 C.F.R.1026); Massachusetts Real Estate Salesperson Candidate Handbook
- Financing/RESPA.

NEW QUESTION # 82
According to the CAN-SPAM Act, every email advertisement for real estate services must do all of the following EXCEPT

A. clearly indicate the nature of the content of the email.
B. inform the recipient of the name and location of the brokerage firm.
C. advise the recipient that it will take 180 days to remove the recipient's name from this email list.
D. allow a method for the recipient to opt out and not receive future emails.

Answer: C

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
The CAN-SPAM Act of 2003 governs commercial email. Key requirements include:
Emails must not use misleading subject lines (A).
Must include the sender's valid physical postal address (B).
Must provide a clear, simple way to opt out of future emails (C).
Opt-out requests must be honored within 10 business days, not 180 days.
Thus, advising that it will take 180 days to remove an email address is not compliant.
Correct answer: D.
Reference: CAN-SPAM Act (15 U.S.C. 7704); Massachusetts Real Estate Salesperson Candidate Handbook
- Advertising Compliance.

NEW QUESTION # 83
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 a salesperson may not sell an income-producing property.
B. Not violating the law because the salesperson has all the rights of a non-salesperson owner.
C. Violating the law because the salesperson is not a broker and cannot advertise.
D. Not violating the law because the broker-salesperson distinction does not apply to commercial properties.

Answer: B

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 # 84
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