MA law Flashcards
Smoke detector certificate required
If built before 1975
Smoke detector laws
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.
Carbon monoxide detectors
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.
Who is exempt from RE license?
Those not getting paid for services to help someone buy/sell for self, lawyers, trustees, auctioneers, appraisers, lenders, officials, people with court order
Broker bond
Surety bond $5,000
Fine for practicing without license
$500
When to report conviction of crime
30 days
Board suspension hearing
10 days of written notice, appeals within 20 days, license returned within 7 days
Tidal flats
Between high and low tide marks has public easement
Littoral rights
Mean high water to mean low water or 100 rods (whichever less)
Separate property state
Tenants by entirety may devise separately; protections from creditors; automatic homestead for 125,000 up to 500,000.
6D closing certificate
Shows that condo fees are paid
Tenancy at will
Must get 30 day notice to terminate
Chapter 40a
Enables zoning laws
Chapter 21e
Oversees MA superfund; certify land as uncontaminated
Wetlands protection
100’ buffer with ability for minor change within 50’
Riverfront defined as
High water mark to 200’ or 25’ in densely populated areas
Statutory right of redemption
Also called equity or equitable right redemption: have 6 months from sale at foreclosure to pay debt and interest and reclaim
Contract law
You may have up to 20 years to file lawsuit
7+ year lease
Must be recorded
Eviction process
Tenant gets 14-day notice to quit as warning then landlord files complaint/summons
Landlord fees
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
Megan’s law
Refers to sex offender list. Strict laws on misusing
Stigmatized properties
Seller agent only has to tell if asked, buy agent must tell
Fair housing protected groups
Age, marital status, sexual orientation, gender identity, gender expression, veteran status, public assistance, ancestry, genetic info.
Fair housing exemptions
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.
Fair housing penalties
60 day license suspension, 90 day suspension on second offense
93a
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.
Mass home inspection brochure
Given when sign P&S. Seller’s agent may not rec inspector.
Lead laws
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.
Friable asbestos
must be removed. Must disclose. 10 day notification to DEP.
Title V
2 years before sale (3 if pumped yearly) or 6 mo after sale
USTs
Banned by 21E
New construction warranty
3 years
