Real Estate Updated Massachusetts-Real-Estate-Salesperson Exam Questions and Answers by jorgie

D is correct because none of A through C describes a universal requirement for every valid real-estate contract.

Massachusetts contract curriculum identifies the fundamental requirements as competent parties, offer, acceptance, consideration, lawful object, and consent. Different contracts then face additional requirements depending on their subject matter.

The Statute of Frauds requires specified agreements to be evidenced by writing to be enforceable, including contracts for the purchase or sale of real property and agreements that cannot be performed within one year. However, not every contract encountered in real estate must invariably be written. Massachusetts expressly recognizes that listing agreements can be oral.

Neither a general five-year maximum nor a four-year performance deadline is an essential validity requirement.

Candidates should also distinguish validity from enforceability. A contract can satisfy basic formation principles but encounter a Statute of Frauds defense because required written evidence is missing.

Therefore, the only accurate choice is D.

Study Guide Reference: Contracts — elements of contracts, validity classifications and Massachusetts Statute of Frauds.

The Residential Lead-Based Paint Hazard Reduction Act (Title X, 1992) requires that landlords and sellers of housing built before 1978 disclose any known lead-based paint hazards to prospective tenants or buyers. Massachusetts enforces this rule strictly due to its older housing stock.

The law applies regardless of whether children are present. Tenants must receive:

An EPA-approved lead hazard information booklet.

A disclosure form confirming acknowledgment.

Tenants must be informed of their right to test for lead, but in a lease situation they do not automatically get a 10-day inspection period (that applies to sales, not rentals). Covering or removing lead paint (B) is only required if a child under six will occupy the property in Massachusetts, under the Lead Law (M.G.L. c.111 §197).

Thus, the correct answer is D.

Comprehensive and Detailed Explanation (150–250 words):

When a seller defaults on a purchase agreement, the buyer’s remedies typically include:

Specific performance (A): Court order requiring the seller to perform.

Canceling and recovering earnest money (C).

Suing for damages (D).

However, filing a complaint with the Real Estate Commission (B) is not a legal remedy against the seller because the Commission regulates licensees, not private sellers. Unless the seller is also a licensee, the Commission cannot enforce the contract or award damages.

Thus, the correct answer is B: filing a complaint with the Real Estate Commission.