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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q83-Q88):

NEW QUESTION # 83
Based on the common law of agency, which of the following would always be an agent's duty?

A. placing the interests of the principal above all others, including the agent's own interests
B. analyzing the preliminary title report and advising the buyer regarding exceptions listed
C. hiring a contractor to repair a listing with a leaky roof
D. disclosing that the reason a client is selling is an impending divorce

Answer: A

Explanation:
The common law of agency requires real estate licensees to act in the best interests of their principal (the client). The six fiduciary duties are: obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care/diligence.
The most fundamental of these is loyalty - meaning the agent must always place the client's interests above all others, including their own.
Hiring a contractor (A) goes beyond the agent's authority unless authorized.
Disclosing divorce (B) would breach confidentiality, not fulfill a duty.
Analyzing legal title exceptions (C) constitutes unauthorized legal practice.
Thus, the correct answer is D: placing the principal's interests first.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Agency Law; Common Law Fiduciary Duties.

NEW QUESTION # 84
A buyer is purchasing a $625,000 property. The lender requires a 20% down payment to avoid mortgage insurance. The buyer provided $5,000 in earnest money. The buyer closing costs are $13,000. What is the amount the buyer must bring to settlement to close the transaction?

A. $143,000
B. $138,000
C. $120,000
D. $133,000

Answer: D

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
First compute the down payment at 20% of $625,000:
Down payment = $625,000 × 0.20 = $125,000.

Mortgage insurance is avoided because the LTV is 80% (loan of $500,000 on $625,000 purchase), consistent with typical underwriting. Massachusetts exam math emphasizes accurate handling of down payment percentages, credits for deposits, and inclusion of buyer's closing costs. The only choice that matches this computation is $133,000.
References: Massachusetts Real Estate Salesperson Candidate Handbook - Real Estate Math (Down payments, buyer credits/debits, cash to close); Financing basics (LTV and PMI thresholds).

NEW QUESTION # 85
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. commingling.
B. acceptable if the client has had a transaction within the last 18 months.
C. acceptable if the check was written on the client's business account.
D. conversion.

Answer: A

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 # 86
When real estate brokers and salespersons engage in renting residential dwelling units, they must provide a prospective tenant with written notice of the

A. Presence of any sex offenders living in the neighborhood.
B. Amount of fee, if any, that the prospective tenant will have to pay for the broker's services.
C. Name and address of the landlord.
D. Amount of the rent.

Answer: B

Explanation:
Under M.G.L. c. 112, § 87DDD½, Massachusetts law requires real estate brokers and salespersons engaged in renting residential property to provide prospective tenants with a written notice stating the amount of any broker's fee, and whether the tenant will be responsible for paying it. This disclosure must be made before the tenant is obligated to pay any fee.
This law protects tenants from unexpected costs and ensures transparency in rental transactions. While rental amount, landlord details, and public information such as the state's sex offender registry may be relevant, the statutory requirement specifically addresses broker compensation. Failure to provide this written notice may result in disciplinary action by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons.
Reference: M.G.L. c. 112, 87DDD½; 254 CMR 7.00.

NEW QUESTION # 87
To be legally binding, a listing agreement can be signed for the owner by the

A. owner's heirs apparent.
B. trust beneficiary acting under a valid trust.
C. broker, upon telephone instructions from the owner.
D. attorney-in-fact.

Answer: D

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
A listing agreement must be signed by the legal owner or someone who has proper legal authority to act on the owner's behalf. That authority is established through a written power of attorney; the person acting is called the attorney-in-fact.
A: A broker cannot sign on behalf of an owner without written power of attorney; telephone instructions are not sufficient.
B: A trust beneficiary has no signing authority unless also appointed as trustee.
C: Heirs apparent have no legal rights until the owner passes away and probate is complete.
Thus, only an attorney-in-fact can legally bind the owner in a listing agreement.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; M.G.L. c.190B (Powers of Attorney).

NEW QUESTION # 88
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