Q: I am renting a summer home and heard that landlord-tenant laws do not apply, is that correct, I am planning on collecting a security deposit, is that okay? Further, does that mean that the lead paint laws don’t apply either?
A: Short-term rentals such as vacation or seasonal rentals are exempt from a number of laws such as those pertaining to security deposits and lead paint abatement. You are free to charge a security deposit, but are not required to provide a statement of condition or to keep it in a separate, interest-bearing account. The lead paint law exempts short-term vacation or recreational rentals of 31 days or less from the lead paint law requirements as long as (1) the rental unit has no chipping or peeling paint and (2) the tenant has received the Short-Term Vacation or Recreational Exemption Notification form. This form must be provided to the tenant by the owner prior to entering into a tenancy agreement.
Q: May I charge a pet deposit for a summer rental of three months?
A: Maybe. Vacation and recreational rentals of 100 days or less are exempt from many of the statutory requirements including security deposit requirements, therefore as long as the rental is 100 days or less you may charge pet deposits.
Q: Normally my office returns a security deposit immediately at the end of a tenancy. Last year one of our tenants ran up a very large phone bill and my office was stuck with the charges.… Read on
Massachusetts’s home inspector licensing law took effect in May 2001 and requires real estate agents to present the “Facts for Consumers” information sheet to buyers prior to writing up an offer for presentation to the seller or listing broker. It should be understood that the “list” of home inspectors to be made available to consumers is the list produced by the state Division of Professional Licensure and is accessible via the link: http://license.reg.state.ma.us/loca/locaprof.asp
REALTORS® should be aware that distribution of the home inspector fact sheet to a buyer does not automatically provide them with a contingency for a home inspection. Contingencies for items such as financing and a home inspection must be agreed to by the parties and should be incorporated into their written agreements.
The Board of Registration of Home Inspectors is charged with evaluating the qualifications of applicants and granting licensure to those who qualify. It establishes rules and regulations to ensure the integrity and competence of licensees. The Board protects the public health and welfare through regulation of the profession in accordance with the state statutes and board regulations.
The Board is responsible for insuring that licensed home inspectors have proper training and experience through an education program and meet minimum inspection requirements in each inspection performed. Applicants are required to pass a board approved examination prior to licensure and fulfill continuing education requirements for license renewal.
The Board publishes a Standards of Practice and Code of Ethics for home inspectors.… Read on
RPAC is a grassroots political network of REALTORS® who raise campaign contributions for pro-REALTOR® candidates, mobilize REALTOR® voters, and promote critical legislative and regulatory issues affecting the real estate industry. The REALTOR®Massachusetts Political Action Committee is one of the leading PACs in Massachusetts, enabling the REALTOR® voice to be heard on Beacon Hill. The REALTOR® Political Action Committee is one of the strongest advocacy organizations in the nation, allowing REALTORS® to determine the quality and future of the profession and industry. Now, more than ever, it is critical for REALTORS® to come together and speak with one voice about the benefits a viable and progressive real estate market brings to our communities. Our elected officials make this possible in forums like city hall or the state house, through the support of REALTORS® like you!
“If Real Estate is our profession then politics is our business.”
The REALTOR Party needs your support, both in responding to calls-to-action and in RPAC funds. We know that this can be a difficult topic in our region, but we wanted to share what this program is trying to accomplish…. and why it makes good sense to participate at least minimally in the ways that can help champion homeownership. Now more than ever, it is critical for REALTORS® AND AFFILIATES across America to come together and speak with one voice about the stability a sound and dynamic real estate market brings to our communities.
Public Health Fact Sheet – Asbestos: Asbestos is used in a variety of products because of its physical properties, which make it resistant to heat, fire, and many caustic chemicals. Asbestos has been used extensively as fireproofing, an insulating agent, and for decorative purposes, among many other uses.
Public Health Fact Sheet – Lead Paint: Under Massachusetts and federal law, owners and real estate agents must comply with Property Transfer Lead Paint Notification requirements when a prospective buyer or tenant with an option to buy is about to purchase a home built before 1978.
Public Health Fact Sheet – Radon: Radon is a naturally occurring radioactive gas. It is produced in the ground through the normal decay of uranium and radium. As it decays, radon produces new radioactive elements called radon daughters or decay products. Radon and radon daughters cannot be detected by human senses because they are colorless, odorless, and tasteless.
Public Health Fact Sheet – Title 5: Inspections are necessary to ensure the proper operation, upgrade and maintenance of on-site sewage disposal systems. The Code, therefore, requires system inspections to be done in certain circumstances. Most inspections will occur as a result of property transfers when facilities are sold, divided or combined. In order to provide further guidance to the regulated community, this document is intended to clarify the regulatory intent of the Department.
Public Health Fact Sheet – UFFI: Urea Formaldehyde Foam Insulation (UFFI) is a home insulation made of urea formaldehyde resin and a foaming agent, blown or pumped into the walls and ceiling.
P & S Agreement: The master Purchase and Sale agreement offered by the Berkshire County Board of REALTORS has been approved by legal counsel as it is written. Additions or deletions are not sanctioned by the Board and should only be undertaken at the advice of legal counsel or express direction of the client. Please note that each paragraph marked with an arrow represents a section of the contract that has options or fill-in fields that MUST be completed and change the terms of the standard agreement. Take a look at the Purchase and Sale agreement and see how much easier it is to peruse the ‘changes’, knowing that the rest of the language is standard! The only caveat is that you should always make sure that your clients go through the entire contract to understand the obligations that they are agreeing to before signature.
P & S General Addendum: The form is used when language needs to be added to the Purchase and Sale Agreement. Remember that the addition of legal obligations to a contract remain the job of an attorney, and agent must never participate in the unauthorized practice of law. In its most general sense, the practice of law involves giving legal advice to clients or drafting legal documents or contract terms for clients. The standard agreement has been drafted, reviewed and approved for use by counsel and any changes or additions should only be done at the direction of counsel.
P & S Income Property Rider: In the event that a property that you are drafting a Purchase and Sale Agreement contains income elements, this addendum is an easy way to identify those that are part of the sale.
There are many stages in the real estate process, all that have their own forms, contracts, disclosures and helpful inforamtion. We’ve tried to compile all of the resouces available to Berkshire REALTORS and their clients in the order that you would use them in the field, and guidelines for when and how you should present each form. This is only a guideline and you should ALWAYS defer to your office policy, your broker of record and your legal counsel.
Mandatory Consumer-Licensee Disclosure: Formerly the Agency Disclosure form, this form MUST be presented to all consumers at the first personal meeting to discuss a specific property. More on completing a Mandatory Consumer Licensee Disclosure Form can be found on BerkshireRealtors.org under ‘Transaction Topics / Agency. (note, many brokers in the business call this form an “agency disclosure form”.)
Buyer’s Exclusive Right to Buy Agreement: Completed to secure the right to represent a buyer in the purchase of a property for a fixed time period, or for a specific property. This establishes the right to compensation, duties that will be performed by the agent, and methods of payment. Buyer agency agreements are not required, but are recommended to protect your rights, and to ensure that the buyer has a clear understanding of the fiduciary duties and services you will provide.
There are many stages in the real estate process, all that have their own forms, contracts, disclosures and helpful information. We’ve tried to compile all of the resources available to Berkshire REALTORS and their clients in the order that you would use them in the field, and guidelines for when and how you should present each form. This is only a guideline and you should ALWAYS defer to your office policy, your broker of record and your legal counsel.
Mandatory Consumer-Licensee Disclosure: Formerly the Agency Disclosure form, this form MUST be presented to all consumers at the first personal meeting to discuss a specific property. Click here for a Mandatory Consumer Licensee Disclosure Form. (Note, many brokers in the business call this form an “agency disclosure form”.)
Consumer Guide to Representation: A helpful fact sheet you can use to explain agency representations, outline your fiduciary duties and let seller and buyers know what to expect when working with you in a real estate transaction. This is an optional form that is great to use when explaining the Mandatory Consumer-Licensee Disclosure.
Dual Agency Roles: This outlines for the consumer exactly what duties are limited in a dual agency situation. This is an optional form to help you present the concept of dual agency to clients, and can be provided at any time.
Seller’s Exclusive Right to Sell Agreement: Completed to secure the right to sell a property, offer co-brokerage compensation to other agents and establish the terms, duration, asking price and parcel that is for sale. Careful notice should be taken to ensure the legal deed holder signs the right to sell the property.
Seller’s Consent to Dual Agency Addendum: If your office is a traditional firm offering buyer and seller representation, this addendum should be completed per your indication on the Exclusive Right to Sell agreement. It should be used if your office represents both buyers and sellers and has chosen to operate as dual agents when a conflict occurs. It must be provided and consent must be obtained so that in the event that a dual agency situation occurs, you have previously received seller’s content and can then proceed to operate in a dual capacity, with notice, as a disclosed dual agent.
Seller’s Consent to Designated Agency: This addendum should be completed per your indication on the Exclusive Right to Sell Agreement. If your office represents both buyers and sellers and has chosen to operate as designated agents when a conflict occurs (where the broker acts as a dual agent and designates agent(s) in the office to fully represent the buyer and other agent(s) to fully represent the seller. It must be provided and consent must be obtained so that in the event that a designated agency situation occurs, you have previously received seller’s content and can then proceed to operate in a designated capacity, with notice, as a disclosed designated agent.
Below you’ll find a description of all of our contracts and forms, broken down by agreement types. Click on the header to receive a detailed list of the forms along with guidelines when you should present each form.
The first two digits of the course number represents the course number sequence on the list of Board approved courses. The last two digits represents the year the Board approved the course.
For example, the course number RE28RC12: Foreclosures states the following: a real estate course, the 28th real estate course approved by the Board, offers both Residential and Commercial topics and approved by the Board in 2012.
For example, RE78R13: Short Sales states the following: a real estate course, the 78th real estate course approved by the Board, offers Residential topics and approved by the Board in 2013.
Berkshire Reciprocal Listing Instructions for Non-Berkshire Members
For members of the MLSPin, Columbia Green Northern Dutchess or Capital region MLSs, you must submit any listings you would like marketed in the Berkshire MLS to your own home MLS. In order for us to accept listings, your MLS will need to forward, on your behalf, the following completed documents:
Please note, as part of the Reciprocal Agreement listed above, we will need a copy of your Exclusive Right to Sell Agreement, Lead Paint Property Transfer Notification, and reciprocal payment fee.
Upon receipt of the above, we will give the listing agent LIMITED access to our MLS enter the property data electronically. For an example of the fields required for input into the Berkshire MLS, please see our SAMPLE MLS Data Input form. Agents are required, as of 7/15/17 to enter their own listing data, yet staff is available to assist with any questions.
REMEMBER: WE ONLY ACCEPT RECIPROCAL LISTINGS FROM YOUR HOME MLS, NOT DIRECTLY FROM AN AGENT OR OFFICE.
Reciprocal MLS Info for Berkshire MLS Members
Property Information Network: MLSPin
Berkshire MLS members may submit reciprocal listings for display in MLSPin through the Berkshire MLS. The fee for submission is $30, made payable to the Property Information Network. All paperwork, photos*, and payment must be completed and returned to the Berkshire County Board of REALTORS Board Office and will be forwarded to the MLSPin from here.… Read on
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