Massachusetts-Real-Estate-Salesperson Premium Exam Questions

The correct answer is B, Massachusetts intestate succession law. When a person dies without a valid will, property that forms part of the probate estate is distributed according to the Massachusetts Uniform Probate Code rather than according to a broker ' s judgment or informal family preference.

Massachusetts law establishes an order of succession for heirs other than a surviving spouse. Depending on who survives the decedent, the estate may pass to descendants, parents, descendants of parents, or other next of kin according to statutory rules.

A surviving spouse ' s share is governed by separate provisions and depends on family circumstances.

Candidates must also remember that not all property passes through probate. Property held in joint tenancy or tenancy by the entirety with a right of survivorship can pass directly to the surviving co-owner by operation of law. Massachusetts probate guidance expressly identifies survivorship property as property that may fall outside the probate estate.

The older phrase “statute of descent and distribution” describes the same general concept, but intestate succession is the clearer current terminology.

Study Guide Reference: Transfer of Title — Intestate Succession, Probate, Heirs and Survivorship.

An Exclusive Agency Listing agreement is one where the seller hires a broker to sell the property but retains the right to sell the property themselves without owing the broker a commission. If the seller sells the property directly, the broker will not be entitled to a commission.

In contrast, with an Exclusive Right to Sell Listing, the broker receives a commission regardless of whether they or the seller finds the buyer. An MLS Listing is not an agreement type but refers to listing the property in the Multiple Listing Service. Net Listings are illegal in Massachusetts, as they can lead to unethical practices.

The correct answer is C. Massachusetts Board guidance interprets 254 CMR 3.10 as allowing brokers—not salespersons or unlicensed employees—to maintain and exercise authority over brokerage escrow accounts.

The Board recognizes that modern firms may have several affiliated brokers, so it permits appropriately affiliated brokers within the brokerage to serve as account signato ries. What it does not permit is handing escrow-account control to an affiliated salesperson, accountant, bookkeeper, or unlicensed employee.

This allocation of authority reflects the broker ' s regulatory responsibility for safeguarding funds belonging to consumers. Earnest-money deposits and other transaction funds must remain segregated from business funds and properly accounted for.

A salesperson may receive a deposit during a transaction but must transmit it to the employing broker according to applicable procedures rather than assuming independent control of the escrow account.

Study Guide Reference: Massachusetts License Law — Escrow Accounts and Broker Responsibility.

The correct answer is B. Escrow funds are held by the broker as money belonging to others during the pendency of the transaction. The broker has no personal claim to that money merely because it has been deposited into the brokerage escrow account.

Massachusetts regulation 254 CMR 3.10 requires transaction money held by a broker to be deposited into an escrow account unless the parties have agreed otherwise in writing. The broker remains responsible until the transaction is consummated or terminated, at which point a proper accounting and distribution must be made.

Therefore, deposit money should not casually be described as automatically belonging outright to either buyer or seller while contractual rights remain unresolved. Its ultimate disposition depends on performance, termination provisions, valid agreements between the parties, or potentially legal resolution of a dispute.

A salesperson may not hold client funds independently; deposit money received must be promptly turned over to the employing broker.

Study Guide Reference: Massachusetts License Law — Client Funds, Escrow Accounts and Deposit Handling.