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To be legally binding, a listing agreement can be signed for the owner by the
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.
A licensee listed a property that had an unfinished garage. The licensee received an offer subject to the garage being finished. Was a contractual obligation created?
A contract is only created when there is an offer, acceptance, and consideration. In this case, the buyer made an offer subject to a condition (the garage being finished). However, until the seller accepts the offer, no contractual obligation exists. The mere existence of an offer---even if definite and certain---does not bind either party until acceptance has been communicated.
Massachusetts real estate exam law and practice stress that the offer to purchase is not binding on the seller until accepted. Once the seller accepts, it becomes a valid and enforceable contract, provided that all other legal elements (consideration, competent parties, lawful purpose, and in writing per the Statute of Frauds) are satisfied. The requirement for notarization is not necessary for a valid sales contract in Massachusetts; notarization is only required in the case of deeds or certain recorded instruments.
Thus, since the seller had not yet accepted, there was no contract---only a pending offer with a condition.
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
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.
An offer of $569,000 is verbally accepted by a seller. Two hours later an offer of $589,000 is presented to the seller, which the seller accepts in writing. Based on the above situation the first buyer is
Under Massachusetts law and the Statute of Frauds (M.G.L. c. 259), all contracts for the sale of real property must be in writing and signed to be enforceable. A verbal acceptance of an offer does not create a binding real estate contract. Therefore, when the seller verbally accepted the first offer of $569,000, no enforceable agreement was formed.
Later, when the seller accepted the $589,000 offer in writing, that acceptance created the first legally binding contract because it was in writing and signed. The first buyer cannot compel the seller to sell to them, as there was no enforceable written agreement.
Thus, the first buyer is not entitled to purchase the property. Only the second, written offer created enforceable contractual rights.
A licensee whose license has been suspended is required to
When a real estate license is suspended in Massachusetts, the licensee must surrender their license to the Board of Registration immediately. Suspension means the licensee is temporarily prohibited from engaging in real estate activities.
The licensee cannot continue to work, make referrals, or conduct any real estate transactions during the suspension period. They must follow the suspension terms set by the Board, and the license will be reinstated after the suspension period has ended, provided they comply with any further requirements. The licensee may appeal the decision, but this must be done separately from the immediate surrender requirement.
