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[General] Experience 24/7 Support And Real Real Estate Massachusetts-Real-Estate-Salespers

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【General】 Experience 24/7 Support And Real Real Estate Massachusetts-Real-Estate-Salespers

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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q125-Q130):NEW QUESTION # 125
A buyer and seller agreed upon a selling price for a property and both signed a written agreement. As part of the contract, the buyer reserved the right to cancel the sale if the buyer's house, which was on the market, did not sell within 30 days. This contract is
  • A. an implied contract.
  • B. an executed contract.
  • C. a unilateral contract.
  • D. an executory contract.
Answer: D
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
An executory contract is one in which one or more terms remain to be performed. In this case, although the purchase agreement is signed, the buyer's performance is contingent upon selling their home within 30 days.
Until that contingency is satisfied, the contract remains executory.
A (executed contract): would mean all terms have been performed.
B (unilateral contract): involves only one party making a promise, e.g., an option. This is bilateral.
D (implied contract): arises by conduct, not by a written agreement.
Thus, the correct answer is C: executory contract.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; Executory vs. Executed Contracts.

NEW QUESTION # 126
The common area of a condominium development is owned by
  • A. any individuals who pay a prorated share of the taxes and maintenance.
  • B. all owners as tenants in common.
  • C. its duly elected Board of Directors.
  • D. those owners who were original owners of the units.
Answer: B
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
In a condominium, each unit owner holds fee simple title to their individual unit, plus an undivided interest in the common areas (hallways, lobbies, grounds, recreational facilities). This interest is shared as tenants in common with all other owners, meaning no single owner can claim exclusive rights to any portion of the common elements.
A: The Board of Directors manages the property but does not own the common areas.
B: Original ownership does not confer unique rights; ownership passes with each sale.
C: Paying a prorated share of expenses is required, but ownership is based on deeded rights, not payment.
Therefore, the correct answer is D: all owners as tenants in common.
Reference: Massachusetts Condominium Act (M.G.L. c.183A); Massachusetts Real Estate Salesperson Candidate Handbook - Property Ownership.

NEW QUESTION # 127
A broker lists a property abutting a pond. A potential buyer is interested in the property but plans to build an addition onto a boathouse. The buyer will need
  • A. Approval from the local conservation commission.
  • B. A letter of interim control.
  • C. Approval from the State Sanitary Commission.
  • D. A certificate of compliance.
Answer: A
Explanation:
If a property abuts a pond, the potential construction of any addition, especially near water, may require approval from the local conservation commission. This is because Massachusetts law, under the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), regulates activities near water bodies, wetlands, and other protected areas to preserve the environment and control construction near these sensitive areas.
The local conservation commission is responsible for approving construction projects that could affect the pond or surrounding wetlands. If the buyer intends to build near the pond, especially on land that may fall under these regulations, they must seek the approval of the local conservation commission before proceeding with construction.
Reference: M.G.L. c. 131, § 40 - Wetlands Protection Act; Massachusetts Real Estate Candidate Information Bulletin - Environmental Issues.

NEW QUESTION # 128
Which of the following is true about mortgage assumptions?
  • A. The seller may or may not be released from liability.
  • B. The mortgagee automatically releases the seller upon receipt of a warranty deed.
  • C. The buyer is relieved of personal liability.
  • D. The buyer is required to sign a new mortgage note.
Answer: A
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 # 129
A broker received a birthday check from a client. The broker decided to put it in the escrow account because it was from a client. This is
  • A. acceptable if the check was written on the client's business account.
  • B. commingling.
  • C. conversion.
  • D. acceptable if the client has had a transaction within the last 18 months.
Answer: B
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Escrow accounts are trust accounts designated for client funds related to real estate transactions (e.g., earnest money, security deposits, rent held on behalf of others). Depositing non-transactional personal funds into escrow - such as a birthday gift check - is prohibited because it mixes personal/non-transaction funds with client trust funds. This is called commingling.
Conversion (A) occurs when escrow funds are used improperly for personal benefit.
C and D are incorrect because escrow is never for gifts or unrelated funds, regardless of account type or timeline.
Massachusetts regulations (254 CMR 3.10) explicitly prohibit commingling of personal funds with escrow accounts. Even if the check is from a client, if it's unrelated to a transaction, depositing it in escrow is a violation.
Correct answer: B.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Escrow/Trust Accounts; 254 CMR
3.10.

NEW QUESTION # 130
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