Q: Does the smoke detector law apply to mobile homes?
A: In Massachusetts, every home must have working smoke alarms. When selling or transferring a home, the seller must obtain a certificate of compliance to demonstrate that the smoke alarms meet specific standards. This requirement extends to mobile homes because the language of the law requires “all buildings or structures occupied in whole or in part for residential purposes” to be equipped with approved smoke detectors. Although mobile homes may sometimes be classified as personal property, when they are used for residential purposes, they must be equipped with smoke detectors. Additionally, the Supreme Judicial Court held that if a mobile home acquires the characteristics of a conventional home, the mobile home ceases to be tangible personal property and becomes real estate. Ellis V. Board of Assessors, Acushnet, 358 Mass. 473, 474-75 (1970).
Q: As the buyer’s agent, do I have a right to a written rejection of an offer from the listing agent?
A: If you and your buyer client have concerns that your offer was not presented to the seller and would like a written rejection of the offer, then you may request one from the listing agent. The seller is not required to provide a written rejection, and usually a non-response after the offer deadline is proof of that rejection. However, Standard of Practice 1-7 of Article 1 of the REALTOR® Code of Ethics provides an avenue to confirm in writing from the listing broker that the offer was submitted.
According to Standard of Practice 1-7, a listing broker or agent is required to respond in writing when a cooperating broker requests confirmation that an offer was submitted to the Seller. The Listing Broker or agent must provide this confirmation unless the Seller has given written notification waiving the obligation to present the offer.
Q: My client is interested in installing video cameras on rental properties. Is this legal?
A: Landlords may install security cameras outside rental properties, such as single-family homes, but they must comply with local and state laws. In Massachusetts, according to MGL c. 272 s. 99 (the wiretap law), it is illegal to record audio of anyone without their consent.
Cameras can be installed in public areas where tenants have no reasonable expectation of privacy. This expectation varies depending on the area of residence. Tenants have the highest expectation of privacy within the walls of their rentals; therefore, cameras should not be positioned to view the interior of the residence when the door is opened. However, areas such as public parking lots or front and back entrances do not carry the same expectation of privacy. In certain cases, such as with a single-family home, tenants may also have an expectation of privacy in their backyards.
It is important that tenants are made aware of the cameras on the property. A sign placed near each camera should suffice, but providing written notice in conjunction with signs is the best practice. The MAR Exclusive Right to Lease Agreement provides space to document the use of cameras and to relay to the Landlord the requirements of the law. Your client, the landlord, should also consult with their own private counsel before installing any cameras.
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Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legalhotline@marealtor.com.