MA law Flashcards

1
Q

Smoke detector certificate required

A

If built before 1975

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2
Q

Smoke detector laws

A

House built before 1975 may have battery, after 1975 hardwired, after 1997 hardwired with betray backup, as of 2016 10 year batteries to be replaced at end of life with 10 year photoelectric sealed.

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3
Q

Carbon monoxide detectors

A

2006: all homes with fuel- burning system or indoor parking adjacent must have on every level. All homes, not just new sales. New construction must be hardwired.

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4
Q

Who is exempt from RE license?

A

Those not getting paid for services to help someone buy/sell for self, lawyers, trustees, auctioneers, appraisers, lenders, officials, people with court order

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5
Q

Broker bond

A

Surety bond $5,000

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6
Q

Fine for practicing without license

A

$500

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7
Q

When to report conviction of crime

A

30 days

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8
Q

Board suspension hearing

A

10 days of written notice, appeals within 20 days, license returned within 7 days

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9
Q

Tidal flats

A

Between high and low tide marks has public easement

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10
Q

Littoral rights

A

Mean high water to mean low water or 100 rods (whichever less)

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11
Q

Separate property state

A

Tenants by entirety may devise separately; protections from creditors; automatic homestead for 125,000 up to 500,000.

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12
Q

6D closing certificate

A

Shows that condo fees are paid

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13
Q

Tenancy at will

A

Must get 30 day notice to terminate

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14
Q

Chapter 40a

A

Enables zoning laws

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15
Q

Chapter 21e

A

Oversees MA superfund; certify land as uncontaminated

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16
Q

Wetlands protection

A

100’ buffer with ability for minor change within 50’

17
Q

Riverfront defined as

A

High water mark to 200’ or 25’ in densely populated areas

18
Q

Statutory right of redemption

A

Also called equity or equitable right redemption: have 6 months from sale at foreclosure to pay debt and interest and reclaim

19
Q

Contract law

A

You may have up to 20 years to file lawsuit

20
Q

7+ year lease

A

Must be recorded

21
Q

Eviction process

A

Tenant gets 14-day notice to quit as warning then landlord files complaint/summons

22
Q

Landlord fees

A

If takes security deposit, must provide statement of condition and tenant has 15 days to amend. Sec dot cannot be more than 1 month rent. Must pay interest rate each year and keep in escrow acct

23
Q

Megan’s law

A

Refers to sex offender list. Strict laws on misusing

24
Q

Stigmatized properties

A

Seller agent only has to tell if asked, buy agent must tell

25
Q

Fair housing protected groups

A

Age, marital status, sexual orientation, gender identity, gender expression, veteran status, public assistance, ancestry, genetic info.

26
Q

Fair housing exemptions

A

Never on race or public assistance. Never on lead. Never with advertisement or involvement of real estate professional. Rentals in owner occupied 2 family home exempt.

27
Q

Fair housing penalties

A

60 day license suspension, 90 day suspension on second offense

28
Q

93a

A

Must be business, must suffer monetary damages, must write 30 day demand letter. Min damages double, Max damages are triple plus atty/court fees. Judge can give less if feels plaintiff didn’t accept reasonable offer.

29
Q

Mass home inspection brochure

A

Given when sign P&S. Seller’s agent may not rec inspector.

30
Q

Lead laws

A

Houses built before 1978. Buyers must be given lead paint info before P&S and have 10 days to have an inspection. If child under 6 or buyer pregnant, must delete within 90 days. Rentals required to test and landlord pays fee. Child under 6 can only live in home with lead if vacation rental <31 days. Landlord must give all tenants mass tenant lead law brochure.

31
Q

Friable asbestos

A

must be removed. Must disclose. 10 day notification to DEP.

32
Q

Title V

A

2 years before sale (3 if pumped yearly) or 6 mo after sale

33
Q

USTs

A

Banned by 21E

34
Q

New construction warranty

A

3 years