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Real Estate Massachusetts Real Estate Salesperson Exam Sample Questions (Q85-Q90):

NEW QUESTION # 85
What kind of lease would require the lessee to pay the taxes, insurance, repairs, and other operating expenses of the premises in addition to the regular rental payment?

A. graduated lease
B. percentage lease
C. net lease
D. gross lease

Answer: C

Explanation:
In a net lease, the tenant (lessee) is responsible not only for the base rent but also for additional property expenses such as real estate taxes, insurance, maintenance, and sometimes repairs. This is common in commercial leasing, particularly for office buildings and retail space.
A gross lease (B) means the landlord pays all expenses, while the tenant pays only rent. A percentage lease (A) bases rent partly on tenant sales (common in retail malls). A graduated lease (C) allows rent increases at set intervals.
Because the question describes a tenant paying rent plus taxes, insurance, and operating expenses, this is a net lease.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Leasing & Property Management; Commercial Leasing Practices.

NEW QUESTION # 86
An example of modular construction is

A. a log cabin.
B. prefabricated housing.
C. a home used as a model.
D. an apartment building.

Answer: B

Explanation:
In real estate and construction terminology, modular construction refers to a building method where sections of the home are manufactured in a factory setting, transported to the building site, and then assembled on a permanent foundation. This is a form of prefabricated housing, but different from mobile homes because modular homes are considered real property once placed on their permanent foundation.
Massachusetts licensing materials classify modular homes under prefabricated housing because they are built off-site to precise specifications and then joined together at the location. This method provides greater efficiency, lower cost, and adherence to state and local building codes. By contrast, apartment buildings (B) are traditionally built on-site, a model home (C) is only a sales demonstration, and a log cabin (D) may be site- built but not considered modular unless pre-manufactured in sections.
Therefore, the correct answer is A: prefabricated housing.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Property Ownership and Land Use Controls section; Modern Real Estate Practice, 20th Edition, Construction Methods.

NEW QUESTION # 87
To be legally binding, a listing agreement can be signed for the owner by the

A. trust beneficiary acting under a valid trust.
B. broker, upon telephone instructions from the owner.
C. owner's heirs apparent.
D. attorney-in-fact.

Answer: D

Explanation:
Comprehensive and Detailed Explanation (150-250 words):
A listing agreement must be signed by the legal owner or someone who has proper legal authority to act on the owner's behalf. That authority is established through a written power of attorney; the person acting is called the attorney-in-fact.
A: A broker cannot sign on behalf of an owner without written power of attorney; telephone instructions are not sufficient.
B: A trust beneficiary has no signing authority unless also appointed as trustee.
C: Heirs apparent have no legal rights until the owner passes away and probate is complete.
Thus, only an attorney-in-fact can legally bind the owner in a listing agreement.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Contracts; M.G.L. c.190B (Powers of Attorney).

NEW QUESTION # 88
A prescriptive easement is proven by a

A. previous recorded deed.
B. title policy.
C. recorded abstract.
D. quiet title action.

Answer: D

Explanation:
A prescriptive easement is established through open, notorious, continuous, and adverse use of another's land for a statutory period (in Massachusetts, typically 20 years).
To legally recognize and establish the easement, the claimant must usually bring a quiet title action in court.
This court proceeding clarifies ownership rights and confirms the existence of the easement.
A (deed): not applicable since prescriptive easements arise without written agreements.
C (abstract): summarizes recorded documents but would not establish prescriptive rights.
D (title policy): insures title, does not prove an easement.
Thus, the correct answer is B: quiet title action.
Reference: Massachusetts Real Estate Salesperson Candidate Handbook - Easements & Rights; M.G.L. c.
187, §2.

NEW QUESTION # 89
A prospective tenant wishes to rent an apartment and is told by the owner that the owner does not want to rent to anyone with children because of the lead paint. The prospective tenant, who has children ages four, six, and nine years old, is not concerned about lead paint and wants to rent the apartment for six months. The owner agrees to lease them the unit. Concerning the lead paint, the owner must

A. Not de-lead because this is only a six-month lease.
B. Wait to de-lead until the owner has sufficient funds.
C. Write into the lease that the tenant has agreed that de-leading is not necessary.
D. De-lead or make lead-safe whether the tenant requires it or not.

Answer: D

Explanation:
Under the Massachusetts Lead Law (M.G.L. c. 111, 189A-199B), the presence of lead paint in any residential property built before 1978 where children under six will be residing requires that the property be either deleaded or brought into interim control (made lead-safe). The law does not exempt short-term leases, and the landlord must comply regardless of the lease term (even for a six-month rental).
Since the tenant has children ages four, six, and nine, the landlord must take appropriate action to either de- lead or make the property lead-safe. The tenant's lack of concern does not exempt the owner from the obligation to comply with the law.
Reference: M.G.L. c. 111, 189A-199B; Massachusetts Lead Poisoning Prevention and Control Law.

NEW QUESTION # 90
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