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Read the June eNews

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is not a “consumer reporting agency” and the company notes that some financial data contained in the app may be outdated.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.

Catch up on all things BOMA!

Read the May eNews

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