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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 if the seller was informed about the transfer of funds.
B. an instance of illegal conversion of funds.
C. permissible as long as the broker is entitled to at least $7,000 in commission.
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 # 85
A broker has been engaged to locate a property for a buyer. The broker has determined that a suitable property for the buyer is for sale and is owned by the broker's cousin. The broker has not informed the buyer of the broker's relationship with the owner. If the buyer purchases the property under these circumstances, the broker is
A. Not violating the license law because a relative's interest is an exception to the fiduciary duty rule.
B. Violating the license law because it is illegal to purchase family property for a principal.
C. Violating the license law because a relative's interest shall be made known to all parties.
D. Not violating the license law because the broker in this situation has no duty of disclosure.
Answer: C
Explanation:
Under Massachusetts real estate license law, a broker must disclose any personal interest, or the interest of an immediate family member, in a transaction to all parties. This is a matter of fiduciary duty and is explicitly required under 254 CMR 3.00.
Failing to disclose that the seller is the broker's cousin constitutes a conflict of interest and violates the duty of loyalty, disclosure, and honesty to the client (the buyer). While it is not illegal to buy or sell property involving relatives, the relationship must always be made known to avoid misrepresentation or concealment of material facts.
Therefore, the broker is in violation because the familial relationship was not disclosed.
Reference: 254 CMR 3.00 - Duties of Licensees; M.G.L. c. 112, ¡ì 87AAA; Massachusetts Real Estate Candidate Information Bulletin - Agency & Disclosure.
NEW QUESTION # 86
According to the CAN-SPAM Act, every email advertisement for real estate services must do all of the following EXCEPT
A. inform the recipient of the name and location of the brokerage firm.
B. advise the recipient that it will take 180 days to remove the recipient's name from this email list.
C. clearly indicate the nature of the content of the email.
D. allow a method for the recipient to opt out and not receive future emails.
Answer: B
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 # 87
Which of the following is true about mortgage assumptions?
A. The buyer is relieved of personal liability.
B. The mortgagee automatically releases the seller upon receipt of a warranty deed.
C. The seller may or may not be released from liability.
D. The buyer is required to sign a new mortgage note.
Answer: C
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
When a mortgage is assumed, the buyer takes over the existing loan obligations. The buyer typically becomes personally liable for the debt if the lender approves the assumption, but the seller remains liable unless formally released by the lender through a novation.
Thus, the seller "may or may not be released" depending on lender approval. The assumption is different from a "subject to" transaction, where the buyer makes payments but is not personally liable.
A is incorrect: the buyer is not relieved of liability-they are assuming it.
C is incorrect: a new note is not signed; the existing obligation is assumed.
D is incorrect: transfer of a deed does not release liability; only lender approval/novation does.
Therefore, the correct answer is B.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Financing; Assumptions vs.
"Subject To" Mortgages.
NEW QUESTION # 88
A seller wants $120,000 for a home and still owes $20,000 of the original loan at 7% interest. The current interest rate is 12%. A buyer can pay $60,000 down and wants to carry a mortgage that includes the seller's
$20,000 existing mortgage and the remaining $40,000 for a total of $60,000 at an interest rate of 10%. What kind of mortgage loan is this?
A. wraparound
B. equity
C. buydown
D. blanket
Answer: A
Explanation:
A wraparound mortgage is a type of seller financing in which the new loan "wraps around" an existing loan.
The buyer makes one combined payment to the seller, who continues paying the original loan while retaining the difference.
In this case:
The seller owes $20,000 at 7%.
The buyer wants to borrow $60,000 total ($20,000 existing + $40,000 new).
The new loan is structured at 10% interest, covering both debts.
This is exactly how a wraparound mortgage works: the seller finances the buyer's loan, keeps the existing mortgage in place, and earns the difference between the interest rates.
The other options:
Blanket mortgage (A): covers multiple parcels.
Equity loan (B): based on homeowner equity.
Buydown (D): involves prepaying interest to reduce borrower's rate.
Correct answer: C: wraparound.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Financing; Real Estate Finance Principles.
NEW QUESTION # 89
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