By: The Massachusetts Association of REALTORS® Legal Team
 

Q: I ran a prospective tenant through FOREWARN and the report shows that she has a criminal conviction on her record. Can I share this information with my landlord-client? 
A: No. The FOREWARN Subscriber Agreement that you executed requires you to keep all search results confidential. FOREWARN is simply intended to be a safety tool in your professional toolbox. If you see information regarding a potential client that concerns you, FOREWARN gives you an opportunity to increase your safety protocols before engaging with the client. Additionally, FOREWARN should not be used for tenant financial screening purposes or to determine if a buyer will be eligible for a mortgage. FOREWARN is not a “consumer reporting agency” and the company notes that some financial data contained in the app may be outdated. You should never tell a potential tenant or buyer that they are unqualified to enter into a real estate transaction because of information that you found in FOREWARN. For more information, please see: https://www.forewarn.com/faqs/

Q: I have funds in my escrow account that have been there for several years, and we never received instructions on how to disburse them. We sent a release of funds multiple times, but it was never returned to us. How can I release these funds? 
A:  Escrow funds cannot be unilaterally released, absent clear mutual instructions (generally, a signed release). Absent a signed release, a court order through interpleader is the best way to determine who is entitled to the money. You can file an interpleader action in the district court where the property is located. Once filed, you will likely need to deposit the funds with the court, name both the seller and buyer as defendants, and ask the court to decide which party is entitled to the funds. These steps will best protect your brokerage from liability.

Here is the usual process:

1. The broker retains an attorney.
2. The attorney files a complaint or interpleader.
3. The parties are served.
4. The court may hold a hearing.
5. The court determines entitlement or approves a settlement.
6. The court orders the release of funds. 

Q:   What Are The Advertising Requirements In Massachusetts Related To Social Media Platforms Like Instagram And Facebook?
A:  Massachusetts real estate advertising laws apply fully to social media platforms, including Instagram, Facebook, TikTok, LinkedIn, YouTube, and X/Twitter. According to the Massachusetts Board of Registration of Real Estate Brokers and Salespersons, any social media post that markets a property, brokerage services, listings, open houses, or any real estate-related business activities is considered a real estate advertisement. To comply with state regulations, all real estate advertising must clearly identify the licensed brokerage. This requirement includes posts, reels, stories, paid advertisements, video content, and team pages. The name of the brokerage must appear directly within the advertisement itself. Additionally, Massachusetts law does not allow for “one-click-away” disclosures. Agents must not rely solely on profile bios, “about” sections, account names, landing pages, or external links for brokerage identification. Instead, the brokerage name should be included within the caption, image overlay, video overlay, or text of the advertisement itself.

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Can a Condominium Association deny a prospective Buyer’s emotional support animal because the Rules and Regulations state, “No pets of any kind?”
A: No. Under the federal Fair Housing Act and Massachusetts law, emotional support animals (ESAs) are considered assistance animals, not pets. Condominium Associations must provide reasonable accommodations for a Buyer with a disability who requires such an animal, even when the Association has a “no pets” policy. Failure to comply may constitute housing discrimination. Unlike a service animal, an ESA is not required to have specialized training to perform specific tasks for its Owner.  An ESA is an animal that provides a mentally therapeutic benefit to its Owner.  

The Association can request a letter from a licensed healthcare provider confirming that the Buyer has a disability and requires the particular animal for his emotional health. The Association cannot, however, request the Buyer’s health records or demand disclosure of the particular type of disability. For a detailed review of ESAs in Massachusetts housing:   

https://www.mass.gov/info-details/assistance-animals-in-housing 


Q: I understand that the state has issued new versions of the Lead Paint Notification and Certification forms but there are a lot of outstanding questions regarding their use. Can I still use the old versions? A:  Yes. After extensive discussions with MAR, the Massachusetts Department of Public Health (DPH) has agreed to a concurrency period during which agents may use either the old lead paint forms or the revised versions. The concurrency period will remain in effect until the necessary engagement work for the roll out of the new forms is completed. Importantly, this period will allow MAR and the DPH to continue discussions to resolve a number of outstanding questions and issues with the revised forms. MAR will have both versions of the lead forms available in our forms library and will continue to update members as we have more information.  


Q:   Is it acceptable to use AI digitally enhanced images?
A:  When using AI to enhance images, the biggest concern is ensuring that the representation of the property remains accurate. We recommend disclosing all uses of AI or other software that enhance images, so consumers understand they are essentially viewing a virtual staging. By using enhanced images, you provide potential buyers with a sense of the space and its possibilities. This allows buyers to get a real view of the property while helping them envision what it could look like with furniture or other changes. Please refrain from removing permanent fixtures or modifying visible defects. While it may be tempting to digitally erase flaws such as water stains on the ceiling, doing so could lead to claims of misrepresentation. Lastly, be cautious about fair housing regulations. AI and other tools can easily generate content that may violate fair housing laws. Review all AI-generated content critically, looking for potential violations. 

The 11th Annual GBAR Roadshow Conference & Expo brought together REALTORS® and industry partners for a full day of learning, networking, and inspiration—once again solidifying its place as GBAR’s largest and most impactful event of the year.

The day kicked off with a lively expo hall and networking breakfast, where attendees connected with affiliate partners showcasing tools and services to help grow their businesses. GBAR President Joselin Malkhasian welcomed participants and set the tone for a dynamic program focused on staying ahead in an ever-evolving industry.

Education took center stage with a powerful lineup of sessions. The “Legal Hotline LIVE” panel featuring Justin Davidson, Michael McDonagh, and Tricia MacIsaac, moderated by Mark Trigilione, delivered critical insights on new legislation impacting Massachusetts real estate, helping members better understand how to stay compliant and protect their business.

Innovation and growth were key themes throughout the day. Ifoma Pierre shared how agents can leverage AI to automate workflows, identify opportunities, and work smarter, while Terry Watson energized the audience with his “Evolve or Evaporate” session—challenging attendees to adapt quickly and take decisive action in a shifting market.

After a busy morning, attendees reconnected over lunch and continued exploring the expo hall before diving back into actionable strategies. Jay Tsao introduced a cutting-edge, cost-free lead generation technique using virtual farming, offering agents new ways to prospect without traditional advertising.

The day concluded with an inspiring keynote from Hilary Billings, who shared how authenticity and storytelling can transform social media into a powerful business tool. Her message resonated with attendees looking to stand out in a crowded digital space and build meaningful connections with clients.

The event wrapped up with a high-energy reception and meet-and-greet, giving members the opportunity to connect with peers, speakers, and exhibitors while celebrating a successful day.

From legal updates and AI-driven strategies to marketing insights and meaningful networking, this year’s Roadshow delivered practical takeaways and fresh perspectives—empowering GBAR members to grow, adapt, and thrive in today’s real estate landscape.

For photos from the event, please visit our Facebook Album link: GBAR Roadshow Photos

By: The National Association of REALTORS®

For individuals who are Deaf or hard-of-hearing, embarking on any kind of real estate transaction can present its own set of communication challenges.  The Greater Boston Association of REALTORS^® had this underserved community in mind when it offered a course in American Sign Language last year, in an effort to empower members to break down communication barriers, enhance accessibility, and ensure equitable service for all.  A Fair Housing Grant from the REALTOR^® Party helped make it possible.

According to Maria Brogan, the association’s Executive Vice President, this was an entirely member-driven program, initiated and taught by Ashley Gendreau, a member who had learned ASL as a child in order to communicate with a non-hearing classmate.  “This has become Ashley’s passion, and helping her fellow REALTORS^® support clients who are deaf or hard-of-hearing is a natural extension of her outreach to her classmate all those years ago.  ASL is not a common skill, so fostering a familiarity with the language and with Deaf culture aligns very well with our goal of broadening the scope of our DEI initiatives.”

The board promoted the ASL course with a video announcement of Gendreau using sign language, with a voiceover and closed captions.  The training was not intended to make interpreters of members, but to help them with communication and understanding the inherent challenges and culture of the Deaf community and be a resource for this often underserved group.

Over the course of eight weeks, eight committed REALTORS^® participated in an in-person weekly two-hour class.  Brogan reports that it was fascinating to watch: “They were all very engaged, and bonded during the in-depth, no-phones, and often silent sessions.  Not only did they work on learning the language, Ashley taught them about Deaf culture; they were also assigned homework to sharpen and maintain their skills.”  The participants left wanting more training, she notes – the mark of a valuable program.

Building on the success of the class, the association is compiling an online collection of resources, such as a directory of interpreters, and plans to share this with partners, affiliates, lenders, attorneys, home inspectors, and others in the industry.  In 2025, when Brogan served as chair of NAR’s RCE advisory board, she highlighted the course at the national conference; Gendreau presented a compact version of her class virtually to NAR’s Residential Real Estate Council (RRC).

“In my experience, the most effective programs start with an idea from a passionate member or someone already on your staff,” says Brogan.  “Leverage that passion and let them lead!”

Along with this example of member-leadership, she cites the efforts of Paul Yorkis, another REALTOR^® member, who recently led the charge to have the most commonly used Massachusetts real estate forms translated into multiple languages.  “The bottom line is that when our members can communicate effectively, consumers have a better experience.”

See the article here: https://realtorparty.realtor/homepage/success-story/gbar-fh0326

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: As a REALTOR®, what steps should I take if a client insists on violating fair housing laws? 
A: This Fair Housing Month, it is crucial for REALTORS® to understand how to respond when a client violates fair housing laws. REALTORS® must take decisive and prompt action to protect themselves from liability and to help prevent fair housing violations. 

When faced with such a client, it is essential to take the following steps: 

1. Education the client about their obligations under fair housing and the importance of complying withthe law.  

2. Maintain records of all interactions with the client.  

3. Refuse to participate or support any illegal activities.  

4. Notify your broker about the situation immediately.  

5. Terminate the relationship if the client continues to insist on unlawful actions.  

Additionally, it is advisable to include a clear statement in your listing agreements and other communications with clients, expressing your commitment to upholding fair housing laws. This will put everyone on notice that you will follow Fair Housing laws and also contribute to preventing discrimination in housing. 

Q: What does the term “reasonable” mean in a real estate contract? 
A: Real estate contracts often rely on precise dates and deadlines. Still, terms like “reasonable time” or “reasonable date” appear frequently and often create confusion. For Massachusetts agents, understanding how “reasonable” is interpreted is key to keeping transactions on track.

Legally, “reasonable” is not a fixed timeframe. It is a flexible standard based on what a“prudent person” would consider appropriate underthe circumstances. Courts look at the specific facts of each transaction, including timing pressures, the nature of the obligation, and the conduct of the parties to determine if a party acted in good faith.

In practice, industry norms matter. For example, an inspection timeline of 7 days in a Contract to Purchase is most likely reasonable, while 1 day likely is not (absent unusual circumstances.) Similarly, delivering routine documents promptly is expected, even if no exact deadline is stated.

Good faith and communication also play a central role. If delays arise, agents should document the reason and keep all parties informed. Silence or lack of follow-up can quickly be viewed as unreasonable.

The best approach is to avoid ambiguity whenever possible. Use clear deadlines in contracts. When “reasonable” is unavoidable, rely on common sense, market standards, and consistent communication to guide your actions. 

Q: The buyer has requested “condo docs.” What documents should the seller provide?
A: A set of Condominium Documents should include: 

1. Master Deed and any Amendment(s) there to or applicable recording information; 

2. Condominium Trust and any Amendment(s) there to or applicable recording information; 

3. Condominium By-Laws and any Amendment(s) there to or applicable recording information; 

4. Condominium Rules and Regulation and any Amendment(s) there to; 

5. Condominium budget for the current year; and  

6. Minutes of the most recent Condominium Unit Owner’s meeting.  

The Buyer generally requests 3-5 business days for review and acceptance of the condominium documents at the time of the Offer, so it’s prudent for the Seller’s side to have these documents readily available to avoid delays.

Recent Federal Wins for Housing Policy

Critical Federal Housing Programs Fully Funded
The Fiscal Year 2026 spending package secured full funding for key U.S. Department of Housing and Urban Development (HUD) programs and ensured the National Flood Insurance Program (NFIP) was reauthorized — a lifeline for home buyers and sellers in flood-prone areas and an important factor in keeping deals moving.

Key Tax Provisions That Support Homeownership and Housing Supply
In 2025, NAR helped secure several major tax policy wins as part of a landmark federal tax reform package that advanced through both chambers of Congress:

• Permanent extension of lower individual tax rates

• Permanent mortgage interest deduction

• Protection for business-related tax benefits like Section 199A and 1031 like-kind exchanges

• Temporary (five-year) increase in the state and local tax (SALT) deduction cap
  These provisions help keep more housing affordable, support investment in housing supply, and strengthen the overall real estate economy.

Nationwide Advocacy Impact That Drives Policy Forward
NAR’s advocacy efforts have delivered other federal policy gains, including:

• Protecting VA home loan benefits, ensuring veterans can work with REALTORS® to purchase homes

• Passing the Homebuyers Privacy Protection Act of 2025, which curbs predatory “trigger leads” that flood buyer data and harm consumers

• Elevating housing affordability and supply to a top priority in both the U.S. House and Senate, helping drive comprehensive housing solution proposals across Congress
  These wins reinforce REALTORS® as trusted voices on Capitol Hill and help shape policy that supports broad access to housing and homeownership.

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Housing policy doesn’t shape itself — it moves because REALTORS® show up.

Join us in Washington, D.C. for the 2026 REALTORS® Legislative Meetings this June and meet directly with Members of Congress to advocate for housing supply, affordability, and property rights.

Registration opens March 11. | Find Out More (https://legislative.realtor/)

If you’ve ever wanted to see how policy really gets shaped — this is your moment. Let us know if you’re interested in attending so we can coordinate our Massachusetts delegation.