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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q15-Q20):
NEW QUESTION # 15
Who establishes zoning ordinances?
- A. local authorities
- B. the federal government
- C. regional councils
- D. individual states
Answer: A
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Zoning ordinances are enacted at the local (municipal) level-cities and towns-under police power delegated by the state. While states pass enabling legislation and can set broad land-use frameworks, the actual creation and administration of zoning (district maps, permitted uses, dimensional regulations, variances, special permits) is done by local authorities such as city or town councils and implemented by local planning and zoning boards. Federal and regional bodies may influence land use through funding or environmental regulations, but they do not enact local zoning ordinances. On the Massachusetts exam, candidates are expected to know that municipalities adopt zoning bylaws/ordinances to promote public health, safety, and welfare, and administer them via local boards, inspectors, and appeals processes. Thus, the correct answer is D.
References: Massachusetts Real Estate Salesperson Candidate Handbook - Land Use Controls (Public restrictions: zoning); M.G.L. c. 40A (The Zoning Act).
NEW QUESTION # 16
A broker has listed a property for $225,000. An offer of $210,000 contingent upon inspection comes in the first week and the seller accepts it. Another offer of $205,000 comes in the second week. The seller accepts it as a secondary offer contingent upon the termination of the first offer. The first offeror demands the seller spend $5,000 in repairs before going through with the purchase. The seller may do any of the following EXCEPT
- A. agree to do the needed repairs and consummate the transaction with the first offeror.
- B. ignore the demand and sell the property to the second offeror.
- C. refuse to do the repairs and still proceed with the sale in as-is condition.
- D. terminate the first agreement in writing and sell to the second offeror.
Answer: B
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Once the seller accepted the first buyer's offer, they entered into a legally binding contract. Any additional requests for repairs must be negotiated. The seller may:
Agree to the repairs (A)
Refuse and insist on as-is (B)
Terminate by mutual agreement in writing and move to the secondary offer (C) However, the seller cannot simply ignore the buyer's demands and sell to another buyer. Doing so would be a breach of contract. The second offer is valid only as a backup if the first contract is properly terminated.
Thus, the seller may do anything except D.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; Secondary Offers.
NEW QUESTION # 17
A private integrated club refused to rent one of its condos to a minority family. The club explained that it did not rent the condos to the public since the condos were for members only. Is the club in violation of the federal Fair Housing Act, and if so, how?
- A. Yes, because the club had minority members, and therefore was not eligible for exemptions from the federal Fair Housing Act.
- B. No, because as an integrated club, they could discriminate on the basis of race in renting facilities.
- C. No, because a private club may restrict the rental of its own lodgings to its members as long as the lodgings are not operated commercially.
- D. Yes, because when race is involved, no exceptions to the federal Fair Housing Act exist.
Answer: D
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
The federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits housing discrimination based on race, color, religion, sex, national origin, familial status, or disability. While the Act contains limited exemptions for private clubs and religious organizations, no exemption applies when race is involved.
Therefore, even if the club limits occupancy to members, it cannot refuse to rent based on race. Race discrimination is always illegal, regardless of ownership type or membership restrictions.
B is incorrect: minority membership status does not determine exemption.
C is false: no private club exemption allows racial discrimination.
D misstates the exemption; private clubs may limit lodging to members, but not on the basis of race.
Thus, the correct answer is A: when race is involved, no exemptions apply.
Reference: Fair Housing Act, 42 U.S.C. 3604; Massachusetts Real Estate Salesperson Candidate Handbook
- Fair Housing.
NEW QUESTION # 18
A buyer is considering a property in one of the subdivisions of a Planned Unit Development (PUD). The buyer noticed nearby properties having detached garages and workshops. The buyer mentions to their agent that they want to build a detached building on the back of the lot for a home business. There is an HOA for this subdivision. Additionally, there are overarching covenants, conditions, and restrictions (CC&Rs) for the PUD. What actions, if any, should be taken by the broker to assure the buyer can use the property as they wish?
- A. Determine if home business use is allowed in the subdivision.
- B. Take no action because other properties have detached buildings.
- C. Recommend the buyer obtain the current CC&Rs and all current HOA documents.
- D. Recommend the buyer determine if architectural review requirements exist for the subdivision.
Answer: C
Explanation:
In a Planned Unit Development (PUD), buyers are subject to both subdivision-level rules (via HOAs) and overarching covenants, conditions, and restrictions (CC&Rs) that govern the entire development. Even if other neighbors have similar structures, this does not guarantee that new construction or business use will be allowed.
The broker's role is to protect the buyer's interests by ensuring they review all current CC&Rs and HOA governing documents. These documents will reveal architectural review requirements, use restrictions (including home businesses), and other limitations. The broker should not assume permissibility based on observation alone.
Thus, the best and legally correct advice is D.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Property Ownership & PUDs; Restrictive Covenants.
NEW QUESTION # 19
Multi-ethnic families were beginning to move into a neighborhood that had previously been all one ethnicity.
A local broker passed out flyers to homeowners that said, "Sell now before it's too late! We have beautiful new homes with attractive financing and good schools." These flyers would likely be viewed by the courts as
- A. blockbusting.
- B. redlining.
- C. good marketing.
- D. steering.
Answer: A
Explanation:
Comprehensive and Detailed Explanation (150-250 words):
Blockbusting is the illegal practice of inducing homeowners to sell by suggesting that the entry of minority or ethnic families into the neighborhood will negatively affect property values. The flyer in this scenario explicitly encourages homeowners to sell "before it's too late," a textbook example of blockbusting under the Fair Housing Act of 1968.
A (good marketing) is wrong because the intent is discriminatory.
C (redlining) refers to lenders refusing to provide loans in certain areas, not brokers pressuring owners.
D (steering) involves directing buyers toward or away from certain neighborhoods.
Thus, the courts would identify this as blockbusting.
Reference: Fair Housing Act, 42 U.S.C.3604(e); Massachusetts Real Estate Salesperson Candidate Handbook - Fair Housing.
NEW QUESTION # 20
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