Q.  I am developing a new website to promote myself and my services.  I have just been told by my broker that she wants the company’s full name on the website.  She says it is a law.  Do I have to comply?

A.  Yes, your website is a form of advertising and therefore, 254CMR 3.00 (9)(a) states as follows: "No broker may advertise real property to purchase, sell, rent, mortgage or exchange through classified advertisement or otherwise unless he/she affirmatively discloses that he/she is a real estate broker. No broker shall insert advertisements in any advertising publication or other means where only a post office box number, telephone, facsimile, electronic mail number or street address appears. All advertisements shall include the name of the real estate broker." The regulation goes on to state that salespersons are prohibited from advertising property under their own name.

Further, your broker is legally responsible for all the content on that website even though it is developed and maintained by you.  If the broker has other policies regarding website advertising you are required to comply with them. 

A. As mandated in the National Association of REALTORS regulations, every member is required to complete 2 1/2 hours of Code of Ethics Training between January 1, 2009 and December 31, 2012. There is a free course bring offered on March 17th with instructor Paula Savard. Please sign up by going to the calendar on the front page and then March 17th to register. 

The NCMAR tracks every members completion of this requirement. Call NCMAR at (978) 345-25313 to find out if you need the training or not.

In order to assist all of our members in receiving this essential training we are offering Quadrennial Code of Ethics training on every quarterly continuing education schedule. We strongly encourage our members to make sure to take this course before the December 31st deadline.

The quadrennial ethics training (Real Estate Brokerage Professional Ethics course) also qualifies for two continuing education credits toward real estate license renewal.

The Quadrennial training is also available online at www.realtor.org/mempolweb.nsf/pages/quadrennialethicstrainingcourse but does not qualify for continuing education credit. .

Beacon Hill all about? Should I attend?

A. REALTOR Day on Beacon Hill this year will be June 8. REALTORS and Business Partners from across the state will be going to visit their legislators to talk about issues that affect the real estate industry and private property rights. The day begins at 7:30 am with a trip into Boston. All the Massachusetts REALTORS meet in the Hall of Flags for continental breakfast and a speaker at 9:00 am.  

Again this year, Representative Bob Hargraves will reserve for us a large conference room so that we can meet with the legislators. The legislators that do not come to the conference room will get a visit in their office from NCMAR representatives and constituents.

We let all the legislators know what the issues are and how pending legislation will impact the real estate industry and the public.

The visits conclude around noon. Last year a bus took us to Fanieul Hall Marketplace for lunch or shopping.. The bus droped us off back in Fitchburg before 3:30 pm.  Goodies are provided on the trip in and back. Every member would benefit from attending. I hope you can join us.  The bus trip has a fee TBD.

Q. How do I make a donation to the RPAC?

Donating to RPAC (REALTOR Political Action Committee) is actually very easy. There are a number of ways you can make the donation. One way is to make a contribution on the invoice for the yearly membership dues. Another way is at the RPAC fundraiser at the February Awards Banquet. This event is very fun and there are a number of chances to win prizes when you donate during the evening. Another option is to donate any time during the year using the RPAC Contribution form.

There is no predetermined amount. The fair share amount set by the Massachusetts Association (MAR) is $25 per member. There are different levels also if you would like to contribute more. Some members have contributed $99 (the Director’s Club), $250 (the Capital Club), $500 (the President’s Club) and $1000 (Sterling R). 

How much to contribute is a personal decision that each individual needs to make. Each association has a goal set by MAR each year. Our goal for 2010 is $7500.

A. There are several important issues on the federal and state level that are being worked on between the REALTOR association and the legislators.  These issues include defeating transfer taxes, keeping banks out of real estate, keeping the mortgage deduction alive and well, defeating a burdensome wetland disclosure proposal, supporting bills to create uniform Title 5 and uniform Wetlands Codes, support of the creation of workforce housing legislation, oppose a bill requiring sellers to disclose environmental hazards within a 1/2 mile radius of their property and so much more!

A. This is an individual who has a broker’s license but acts as an agent in a firm they do not own or are the Broker of record for.

Real Estate Licensees with a brokers license need to be bonded.  If you are a broker, affiliated with an office you do not own, you still must obtain a bond to renew your license.

This is a requirement of real estate license law for first time broker licenses or renewals as explained in Massachusetts General Law 254 CMR 2.00: Licensure (10) Surety Bonds. No broker's license shall issue or be renewed until such broker gives the Board the bond required by M.G.L. c. 112, § 87TT. The amount stated for the bond on the form provided on www.mass.gov is $5,000. 

Q. I have been using a home inspection addendum form that contains language regarding UFFI that I thought would provide legal protection if there was ever a question of disclosing to the buyer the existence of UFFI in the property. An attorney told me the language is unnecessary and should be removed from the addendum. Can you help me with this?

A. The UFFI requirement was repealed in 2002. According to the following law, real estate agents do not have a legal obligation to disclose the presence or use of UFFI in the property to potential buyers.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 87A of chapter 112 of the General Laws is hereby repealed.

SECTION 2. Chapter 255 of the General Laws is hereby amended by inserting after section 12H the following section:-

Section 12J. No cause of action shall arise or be maintained against a seller, lessor, real estate broker or salesperson, lender or mortgagee of real property by statute or at common law, for failure to disclose to a buyer or tenant that the real property has been insulated with urea formaldehyde foam insulation.

SECTION 3. Section 9 of chapter 728 of the acts of 1985 is hereby repealed.

SECTION 4. This act shall apply only to transactions entered into after the effective date of this act. Approved January 1, 2003