Bay State Realtor® Magazine - May/June 2019

5QW: WORKING WITH APPRAISERS p6 WHAT DO BUYERS WANT? p8 EMOTIONAL SUPPORT AND SERVICE ANIMALS p17

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Know more, sell more.

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5QW: WORKING WITH APPRAISERS p6 WHAT DO BUYERS WANT? p8

EMOTIONAL SUPPORT AND SERVICE ANIMALS p16

Inside this issue of Bay State REALTOR®

2 From the Editor Small Plates REAL ESTATE @ WORK 4 4 Buyer’s Remorse and its Impact on Millennial Homeowners Shelby O'Hare

6 Working with Appraisers: Five Questions With George Demopulos

7 Five Tips for Staging the Outdoor Living Room Kris Kiser 8 What Do Buyers Want?

More from MAR

» www.marealtor.com/news 5QW: Working with Appraisers – Online Exclusive Bonus Questions – By: George Demopulos, 2019 vice

president of the Massachusetts and Rhode Island Chapter of the Appraisal Institute and president & chief valuations officer of Lincoln Appraisal & Settlement Services In addition to the 5QW! on page 6 that outlines common questions about working with appraisers, check out the bonus online exclusive where Demopulous answers more questions that we think you should know.

» Massachusetts Association of Realtors®Facebook

FEATURES 10 10 Legal Realtor® 'Zillow Talk' Stephen M. Perry, Esq.

12 MAR Legal Hotline

16 From the Bench: Trio of Housing Discrimination Settlements

17 Emotional Support and Service Animals: Be Careful So You Don’t Get Bitten Kenneth A. Krems, ESQ

18 Five Ways Realtors® Can Work With Attorneys to Insure a Smooth Closing Michael Krone, Esq.

MEMBER VOICES 20 20 P resident’s Message The People Anne Meczywor

» Twitter.com/MARealtors

21 NAR Launches ‘That’s Who We R®’ Consumer Advertising

Campaign Shelby O'Hare

22 MAR Member Selected as ‘30 Under 30’; Mary Crowley,

1998 MAR President, Dies at 95; Members Received Online License Renewal Help; Realtor® Party Training

» Webinar: Making Time for Community with Tanisha Salmon

24 Calendar; Save the Date: 2019 Realtor® Day on Beacon Hill ADVERTISER DIRECTORY PROS..............................................IFC Exit Realty..........................................3 Osterman Propane.............................3 NEREN MLS.....................................14 RMS................................................15 Mass Housing..................................15

A to Z Movers....................................22 AccuStar..........................................23 ASAP Environmental....................... 23 Pearl Insurance..............................IBC PROS..............................................IBC MLS PIN.......................................... BC

May/June 2019

1

{from the editor}

Small Plates

THE OFFICIAL PUBLICATION OF THE MASSACHUSETTS ASSOCIATION OF REALTORS®

BY ERIC BERMAN

MAY/JUNE 2019 VOL. 66, NO.3 PRESIDENT

One thing I remember from Spanish class back in high school had nothing to do with learning to speak Spanish. It had to do with tapas. It wasn’t something I’d ever heard of before. Specifically, what I remember wasn’t the type of food tapas was as much as how it got its name.

The teacher taught us that the Spanish verb “tapar” meant “to cover.” She said in Spain, when you ordered a drink at the bar or café, that it would come with a small bite of food, on a plate. That plate was placed on the top of the glass as the drink was being served, and from that came the name “tapas.”

As a high school student back in the 1980s, I wouldn’t have known about tapas restaurants even if they existed. Since that time, I’ve gone to tapas restaurants with friends. What I find strange is the tradition of sharing these little bites family-style, like they are large Asian or Italian food dishes. While I feel like I leave those places a little hungry, the bright side is that I got to try a lot of different things.

This issue of Bay State Realtor® magazine is our legal issue and we’re treating it almost like going out for tapas. Instead of there being one main legal feature, we’ve decided to provide you “small bites” on a bunch of legal topics. You’ll get a few of your old favorites like “Legal Realtor®,” by Stephen Perry on page 10, and From the Bench on page 16. But, you’ll also get to try some new things, like how to best work with closing attorneys on page 18 by well-known instructor and Good Luck Leslie closing attorney Michael Krone, and what your responsibility is when dealing with clients and potential clients who have emotional support animals on page I wanted to say good 17 by Attorney Ken Kerms. And, if you’re like me, still a little hungry after bye and good luck tapas, we’re giving you a double helping of the popular “Notes from the Legal to our managing editor Leslie Fowle.

Hotline” to round out your meal.

Over the past three years at MAR, Leslie was working on her master’s degree in public health. As luck would have it, she found the perfect opportunity in the public health field.

We’ll miss her great writing and pleasant personality.

2

New Stuff: We’ve decided to add a new column to this edition of the magazine.

The title of the column is “Five Questions With” or as we like to refer to it “5QW” In each issue we’ll ask an expert five questions about an important topic you should know. To make room for 5QW, we’ll be replacing the "Insider" column. In this first installment, we ask George Demopulos, 2019 vice president of the Massachusetts and Rhode Island Chapter of the Appraisal Institute and president & chief valuations officer of Lincoln Appraisal & Settlement Services, five questions about working with appraisers. In fact, we ended up with more than five questions and those additional questions and answers are available as an online exclusive.

We have also changed the name of “Ask a Millennial” to “Trending Topics.” While this issue’s column does look at millennials and how they’re dealing with buyer’s remorse, it gives us more flexibility moving forward on the types of topics and angles we can talk about. We hope you enjoy both.

Bay State REALTOR®

Anne Meczywor, ASR, CBR, CRS, AHWD PRESIDENT-ELECT

Kurt Thompson, CBR, CRS, LMC TREASURER

Dawn Henry, CHMS, CNS IMMEDIATE PAST PRESIDENT

Rita Coffey, CRB, LMC COMMUNICATIONS DIRECTOR/ EDITOR IN CHIEF

Eric Berman, RCE ART DIRECTOR

Sharon Womble ADVERTISING SALES

Julie Lewis (508) 612-4841 (Publication No. 703-610) ISSN: 0891-5539 Published by the Massachusetts Association of Realtors®, Mailing Address: 333 Wyman Street, Waltham, MA 02451-1139 (781) 890-3700 The Bay State REALTOR® magazine is published bi-monthly (Jan./Feb., March/April, May/June, July/August, Sept./Oct., Nov./Dec.), as a member service. Subscriptions are $2.50 per year for members and are paid out of member dues. Non-member subscription rate is $40 per year. The comments and opinions expressed herein are those of the authors and do not necessarily reflect the opinions, views, or policies of the Massachusetts Association of Realtors®.

Copyright 2019. All rights reserved. Periodical postage paid at Boston, MA. POSTMASTER: Send address changes to: Massachusetts Association of Realtors® 333 Wyman Street, Waltham, MA 02451-1139

PROUDLY PROPANE Help your client understand the value contained in these tanks.

More and more homes beyond the reach of natural gas mains are taking advantage of propane. Whether new construction, renovations, or even older homes switching away from fuel oil and electricity, propane is leading the way. The next time your listing includes a propane tank, remember these selling points: Clean – propane emits a fraction of the CO2 & particulate emissions of fuel oil or electricity made from coal.

Versatile – heating, hot water, cooking, clothes drying, pool heating, emergency power.

Efficient – new appliances operate at up to 96% AFUE giving you the most value for your energy budget.

American – nearly all of the propane used in our region comes from domestic sources.

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real estate @ work

N E W S , T R E N D S , & T O O L S F O R R E A LT O R S ®

Trending Topics

Buyer’s Remorse and its Impact on Millennial Homeowners

BY SHELBY O’HARE Imagine this scenario, your millennial client has come to you after saving up enough money after years of living in their parents' house.

They find a home and make an accepted offer. The time comes when they move in and everything seems perfect. A few months later, they experienced their first unexpected expense as a homeowner. The furnace breaks and it’s going to cost thousands of dollars to replace it. You then receive a call from the client, and they tell you they are experiencing regret regarding their recent home purchase...

Maybe the above scenario has happened to you or not, but buyer’s remorse is very common among American homeowners, and, according to a recent Bankrate survey, it’s hitting millennials harder than any other generation. Almost half (44%) of Americans experience remorse following the purchase of a new home. Broken down further, nearly twothirds (63%) of millennials experience buyer’s remorse, which is almost double the amount of baby boomers (35%).

So, why are millennials having bigger regrets compared to other generations? According to the survey, unexpected costs for maintenance and repairs are the top reason for remorse in 18 percent of all homeowners, and 25 percent of millennials.

This number is higher than older generations likely because millennials tend to be in the first-time home buyer category.

It’s possible that this is the first time in their life that millennials won’t be renting or living with their parents.

The reality is, a homeowner can’t just wait for someone else to notice a problem, fix it, or call their landlord to take care of it.

If there’s something wrong with the house, the homeowner is the one that is responsible for fixing it or paying someone else to do so.

While the survey provides interesting insight into the difference between baby boomers and millennials, it seems only logical that these generations are experiencing different amounts of remorse. More than likely, millennials are firsttime home buyers while baby boomers are on house number two, three, or even four. While it’s possible that some of the 4

Bay State REALTOR®

baby boomers that responded to this survey are first-time home buyers, baby boomers have the benefit of experience.

Due to inexperience, millennials might not know exactly what they’re doing when it comes to purchasing a home for themselves, and they may be making compromises on

things that they don’t think are important, until they move in and realize they are. However, those who’ve gone through it before, know there are a lot of things that require careful research, consideration, and a lot of that information and help they get from a Realtor®.

Helping your clients avoid buyer’s remorse: Having conversations about whether your clients have started or plan to start a savings account dedicated to paying for unexpected home repairs, can be very important.

According to Bankrate, home buyers should be setting aside one percent of their purchase price every year to help cover the cost of maintenance and home repairs. With more obstacles and financial expectations that come with purchasing a home, this could be a difficult ask for your

clients, and they may be hesitant to do so. However, you can use this opportunity to outline the different costs that are associated with owning a home and advise against taking on a higher mortgage payment. These will serve as important measures that will prepare your clients so there are no surprises that could cause remorse after the purchase is made.

Try to plan for remorse. While recommending a home inspection is what you most likely do with every client, use this opportunity to educate your client on buyer’s remorse and the common reasons why so many homeowners experience it. So, if they do end up experiencing some regret, they will understand that it’s a common feeling and many other homeowners feel, or have felt, the exact same way.

May/June 2019

5

5QW

Five Questions With George Demopulos

Working with Appraisers This issue’s "Five Questions With" features George Demopulos, 2019 vice president of the Massachusetts and Rhode Island Chapter of the Appraisal Institute and president & chief valuations officer of Lincoln Appraisal & Settlement Services.

Does an appraiser have a typical day?

A. An appraiser’s work day is anything but typical. On any given day, an appraiser will be inspecting properties, conducting field research at town halls, taking comparable sale pictures, and then returning to their office to prepare and complete the written report. An appraiser might also receive new orders from their clients, respond to client questions, and call homeowners and Realtors® to set-up appraisal inspections. Many appraisers also perform non-mortgage work such as commercial appraising, right-ofway appraising, estate work, or expert witness court testimony.

Q1.

How long does it take to become an appraiser?

A. Massachusetts state law follows regulations provided by the Appraisal Foundation and the Appraisal Subcommittee in accordance with federal law established in 1989.

Applicants must hold at least an associate degree (or have completed 30 hours of college-level courses) and have completed 75 hours of approved appraisal education in advance of gaining an appraisal trainee license.

Once this has been achieved, the trainee appraiser must complete an additional 150 hours and 2,000 hours of appraisal experience within a twoyear period under the supervision of a Certified or Certified General appraiser to become licensed. In addition, a new appraiser must learn how to

Q2.

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Bay State REALTOR®

actually appraise properties with field inspections and data research, learn how to work with all participants in a transaction, learn appraisal software programs, and eventually, if they go out on their own, learn how to run a small business!

Can a Realtor® speak with an appraiser or provide an appraiser with any sales information?

A. Absolutely! There is a lot of misinformation out there about this point. The Dodd-Frank law regarding Appraiser Independence only prohibits any participant in a mortgage transaction to “pressure” an appraiser regarding the appraiser’s value opinion. That’s it. Realtors® are an important part of a sales transaction and the appraiser should speak with you to get vital information about a property and market data. Appraisers and Realtors® should work together to provide the best service possible to their respective clients.

Q3.

What are the most common causes of a home not appraising?

A. There can be several reasons why an appraiser’s value opinion is not the same as the agreed-upon sales price. Probably the most common reason is uninformed buyers.

In a fast-paced, increasing market, a buyer may feel they need to offer a price that is much higher than what the market supports.

Q4.

In my experience, most residential transactions do close even when the sales price and the appraised value are different. This typically occurs through additional negotiation between buyer and seller and their respective Realtors® or the buyer contributing more cash to the transaction. In many cases, a “low” appraisal may be just one of a number of items that may cause a sales transaction not to close.

How much does the local market come into play when doing an appraisal?

A. The local market always comes into play when performing an appraisal. As you know, real estate is all about location. In many areas, there are sub-markets within towns, neighborhoods and even block-byblock in locations such as downtown Boston. A qualified and experienced appraiser will have learned this while reaching out to local Realtors® and other experts to learn about the market in which they provide their services.

It’s a never-ending learning process.

Q5.

George K. Demopulos, MRICS, RA, SRA, AI-RRS President & Chief Valuations Officer, Lincoln Appraisal & Settlement Services. He is one of the founding partners of Lincoln Appraisal & Settlement Services (“LASS”), a multi-state appraisal management company and Lincoln Abstract & Settlement Services, a multi-state title and closing company based in Providence, RI.

Top Tips for Staging the Outdoor Living Room

BY KRIS KISER, President & CEO of the Outdoor Power Equipment Institute (OPEI) Functional and beautiful outdoor spaces are quickly becoming one of the most coveted home features desired by home buyers.

In today’s market, it’s important to stage the outdoor “living room” as much as indoor rooms. Outdoor areas can expand living space without expensive renovations, offer a place to relax, provide a safe place for kids and pets to play, and create an oasis for entertaining guests. Additionally, a growing body of scientific research indicates spending time in green space – including our own backyards – is good for our health and well-being. From stress reduction and improved memory to better heart health and relief from ADHD, getting outside is key to a healthy life. Here are the top five ways to stage the outdoor living room:

1. Spruce Up the Landscaping

4. Invite the Outdoors In

Do some basic landscaping “clean up” to create a neat space. Things like fixing bare patches in the grass, keeping the grass cut to a healthy height (between 2-3 inches for most varieties), using a leaf blower to clean out flower beds, pruning bushes and trees, and adding a fresh layer of mulch are all important steps to take.

Blending interior and outdoor living spaces helps the exterior area feel like an extension of the home, not an afterthought. Ensure blinds and curtains are open to the family yard, highlighting the outdoor oasis before the potential buyer even steps through the backdoor. If the weather is nice during a showing, leave sliding patio or French doors open to illustrate the space’s seamlessness.

2. Ensure Living Landscapes Nothing says “welcome home” quite like a beautiful living landscape, complete with flowering shrubs, trees, flowers, and other vegetation. Encourage clients to freshen up their family yard by planting flower beds and pots with colorful flowers and verdant plants. Vases of flowers can also help bring life – and a pop of color – to outdoor tablescapes.

3. Define the Outdoor Spaces Living landscapes are also great for defining spaces in the family yard and helping buyers envision what they might do with the outdoor living room. A big patch of sturdy grass is a welcome invitation for kids and pets to play. Shrubs and bushes are great for offering privacy from neighbors, camouflaging unsightly pool equipment, or designating play areas from sitting spaces. Planters full of colorful flowers strategically placed between sitting and eating areas on a patio add visual interest while also inviting birds and other pollinators into the space – a whimsical touch for showings.

5. Declutter & Clean Store lawn equipment, children’s toys, and pet play things in a shed or garage. Have clients stash lawn ornaments and yard art, especially anything that is personalized. (After all, the goal is to get buyers to envision themselves in the space!) Thin out furniture and patio accessories to make the space look larger. Finally, give the entire area a good scrub down, sweeping away dust and debris to create a fresh, clean canvas.

To learn more about he benefits of the living landscapes in your clients’ outdoor living room, go to www.SaveLivingLandscapes.com.

May/June 2019

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WHAT DO BUYERS WANT? Trying to counsel your selling clients on what buyers in your market want can be tricky at times. Your experience is telling them one thing, and the latest cable tv program is telling them another. Zolo Realty, a Canadian online real estate listing portal, surveyed more than 1,800 people to help us answer the question “what do buyers want?”

According to the responses, both men and women agree on the top two of the top five features they want in a house:

1. RANKED A GARAGE AS A MUST HAVE

51%OF WOMEN

41%OF MEN

2. CONSIDERED AN EN SUITE AS A NECESSITY

30%OF WOMEN

39%OF MEN

Yet, there were a few differences in the other "must have" features men and women wanted. For instance, women prioritized:

3. UPDATED KITCHENS

39% OF WOMEN 4. UPDATED HVAC

38% OF WOMEN 5. A FENCED IN YARD

38% OF WOMEN

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Bay State REALTOR®

Men preferred:

3. MAIN FLOOR BATHROOM

38% OF MEN 4. UPDATED HVAC

32

%

OF MEN

5. ENERGY SAVING APPLIANCES

31

%

OF MEN

So, what do buyers NOT want in a house? According to the responses, here are the top four home features that were ranked as “Not important.”

1. POOL

61%

CONSIDERED IT “NOT IMPORTANT”

2. IN-LAW OR INCOME SUITE/ BASEMENT APARTMENT

54%

CONSIDERED IT “NOT IMPORTANT” 3. MUDROOM

44%

CONSIDERED IT “NOT IMPORTANT”

4. A HOME WITH A VIEW – MOUNTAIN, CITY, LAKE, ETC.

35%

CONSIDERED IT “NOT IMPORTANT”

The data used to determine these results came from findings of the Zolo Homebuyers' Survey 2019, an online survey conducted in January 2019.

The survey asked 1,854 North American respondents about their homebuyer behavior and desires. The estimated margin of error is +/- 2.28 percentage points, 19 times out of 20.

May/June 2019

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legal notes T R A N S L AT I N G T H E L A W F O R Y O U

{legal Realtor ®}

‘Zillow Talk’

BY STEPHEN M. PERRY, ESQ ., Casner & Edwards, LLP Zillow has become a dominant player in the real estate marketplace in ways that few imagined when it began publishing formulaic valuations of residences little more than a decade ago. Similar to companies like Google and Facebook, Zillow was able to convert its business model into an advertising goldmine. Over the course of the last several years, that goldmine was threatened by investigations and lawsuits targeting Zillow’s property valuations and marketing practices.

Although the final word may not yet be in, for now, Zillow appears to have fought off these challenges.

The Algorithm: The lifeblood of Zillow’s business is its proprietary algorithm for valuing residential properties. Because they are based largely on public information such as assessments, prior sales, and square footage, these valuations may fail to reflect individual features of a home. When they are off, they can be upsetting not only to homeowners, but also to real estate professionals, who have to manage their clients’ expectations based on actual market conditions, rather than a value created by an algorithm.

In 2017, aggrieved property owners brought a class action lawsuit in Illinois, complaining that Zillow was publishing unfairly low valuations of their properties, which the company refused to remove or correct. But last year, the federal district court dismissed the class action, holding that Zillow’s published opinions of value were held as just that – opinions. And, in February of this year, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal. Unless the law of some other state proves to 10

Bay State REALTOR®

be less hospitable, it appears that the Zestimates® are here to stay.

Consumer Financial Protection Bureau: A more serious threat to Zillow’s business practices came from an investigation launched a few years ago by the Consumer Financial Protection Bureau (CFBP) concerning Zillow’s co-marketing program, which supplemented its “premium agent” program. Under the “premium agent” program, agents pay Zillow to be listed alongside real estate that is for sale and to receive leads from Zillow when consumers enter their information on the website. Under the co-marketing program, added in 2013, mortgage lenders could pay to appear on the same page as the real estate agents. The lenders’ payments to Zillow—the amount of which were negotiated between the real estate agents and the lenders— reduced the amount that the real estate agents had to pay to Zillow.

The CFPB was concerned that these practices might violate the Real Estate Settlement Procedures Act (“RESPA”). RESPA generally makes it illegal—a federal crime—

for a real estate broker to receive any form of compensation from a lender in return for referring mortgage business. One potential concern was that Zillow’s program, as actually conducted, might be a backdoor way for brokers to endorse and refer customers to their co-marketing lenders in return for those lenders agreeing to subsidize the agents’ expenses of advertising on Zillow. Zillow’s stock dropped 15 percent once the CFPB investigation was disclosed.

In turn, shareholders brought a securities class action case against Zillow alleging that it had injured investors by fraudulently misrepresenting the lawfulness of its co-marketing program.

Last year, Zillow achieved victories on both of these fronts.

First, in June 2018, the CFPB, under Director of the Office of Management and Budget’s Mick Mulvaney’s more businessfriendly leadership, dropped its investigation into Zillow. And later in 2018, the federal district court dismissed the shareholders’ securities claim, finding that the complaint did not sufficiently

allege that Zillow had violated RESPA – and even less that it knew it had violated RESPA, as would be required to establish a fraud claim. The plaintiffs recently amended their complaint in an attempt to meet the shortcomings identified by the court, but they are likely paddling upstream.

Future of Co-Marketing: Does Zillow’s successful defense to date mean that brokers who sign up for Zillow’s co-marketing program are entirely in the clear? Not necessarily.

No doubt the risks have lessened, especially because Zillow has already changed some of its co-marketing

procedures in light of the CFPB claim.

But participating brokers still need to make sure that any co-marketing arrangements that they enter into with lenders, whether carried out on Zillow or otherwise, comply with the antikickback provisions of RESPA. Parties to a lawfully constructed co-marketing arrangement can share advertising costs, but it remains unlawful under RESPA for a broker to receive compensation from a lender that is explicitly or implicitly provided in return for the broker’s referral of business to a lender. The CFPB is likely to be unaggressive in pursuing these issues under the current administration, but there is still the possibility of private claims or a change in the CFPB’s leadership down the road.

“Zillow Offers”: Meanwhile, get ready for the next phase of Zillow’s business expansion.

Last year the company launched its a “Zillow offers” program in a number of test markets, including Raleigh and Charlotte, NC., Denver, Phoenix, Atlanta, and Las Vegas. Under this program, the company will be using its valuation algorithm to make offers to buy residential properties, which it will then fix up and resell.

Zillow also recently purchased a mortgage company, which can assist in financing these or other sales. The company is also procuring a broker’s license in states, such as Arizona, where, in view of these new activities, the licensing law requires it to do so.

But Zillow has reassured its Premier Agents that it intends to use them and to pay them or their firms a commission in connection with its purchase and sale of properties. Only time will tell how all of this affects the industry, and whether this expansion of the company’s business will lead to yet more legal and regulatory issues.

May/June 2019

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Notes from the MAR Legal Hotline

BY JUSTIN DAVIDSON, ESQ., Government Affairs Director & General Counsel CATHERINE TAYLOR, ESQ., Associate Counsel JONATHAN SCHREIBER, ESQ., Staff Attorney

Q: Can I put surveillance cameras in my property to make sure the tenants in my vacation rental are following the rules?

A: No, while it is certainly understandable that you would want to make sure the provisions of the lease agreement are being followed, placing surveillance cameras in your property may subject you to both criminal and civil liability. Massachusetts General Laws Chapter 214, Section 1B protects a person’s “right against unreasonable, substantial, or serious interference with his privacy.” Although you, as the landlord, own the property, the people who rent it—whether for a week or a year—are using it as their home and are entitled to their privacy while there.

Q: I’ve heard people talking about websites needing to be accessible for people with disabilities what does this mean?

A. Title III of the Americans with Disabilities Act (ADA) requires that every owner, lessor, or operator of a “place of public accommodation” provide equal access to users who meet ADA standards for disability. The U.S. Department of Justice has repeatedly held that while the ADA does not specifically address the question of web accessibility, its language is still broad enough to include websites as part of your business operations. The legal consensus is that if Title II or Title III apply to your organization, then they also apply to your website.

Although the ADA does not specifically mention websites or outline standards for making websites compliant, recommendations cited in the Web Content 12

Bay State REALTOR®

Accessibility Guidelines (WCAG) 2.0 are often used for guidance on the subject of website accessibility. There has been an uptick in the last several years in federal lawsuits filed against businesses alleging that their website violates the ADA by being insufficiently accessible to people with disabilities. To limit potential liability MAR recommends that Realtors® follow these standards:  Provide audio descriptions for photographs and videos;  Ensure all users are able to navigate the website (i.e. keyboard only commands);  Ensure compatibility with leading screen reading programs;  Allow for text scaling up to 200% without distortion or layout problems.

Q: The Property Transfer Lead Paint Notification says that it must be provided prior to the signing of a purchase and sale agreement, but the buyer agent is demanding it prior to the offer – which one of us is correct?

A: While the instructions on the Property Transfer Lead Paint Notification can be confusing, if you are using a Contract to Purchase, which is a binding offer, then the Property Transfer Lead Paint Notification must be given prior to acceptance of that offer. Conversely, if you practice in an area where parties to a home sale use a nonbinding offer and only become bound upon entering into a purchase and sale agreement, the Property Transfer Lead Paint Notification must be provided prior to entering in to the purchase and sale agreement. Keep in mind, the purpose of this Notification is to ensure that purchasers of real property are aware of the risks of lead poisoning and notified of potential hazards in the home they are considering prior to entering into a binding contract to purchase that property.

Q: Is a bumper sticker displaying only a team name permissible?

A: No. Any advertisement that does not clearly identify the broker is both a violation of Massachusetts Regulations and the Realtor® Code of Ethics. Advertisements can include everything from billboards to pens to business cards to your email signature, and everything in between.

It is important to remember, not only in advertising, but also in the way you conduct your business, that teams are

also in the way you conduct your business, that teams are not brokerages and should not be held out as such to the public.

254 CMR 3.00(9) clearly states that Salespersons are prohibited from advertising under their own name and all advertisements must include the name of the real estate broker. Failure to comply with this provision may result in disciplinary action, including suspension or revocation of licensure.

Article 12 of the Code of Ethics governs all Realtor® advertisements. The Code of Ethics goes a step beyond Massachusetts Regulations by dictating, in Standard of Practice 12-5, that the name of the Realtor®’s firm must be displayed in a reasonable and readily apparent manner.

However, there is an important distinction to be made between what is permissible under the Code of Ethics and what is allowed under Massachusetts Regulations. The Code of Ethics allows the required advertising disclosures to be made via a link, or the “one-click” rule as some refer to it. At this time, it remains unclear whether the Board would deem this “one click” permissible. As a result, it is not advisable to rely on linking to your advertising disclosure.

Q: I have been having trouble renewing my license with the new online system, where can I get help?

A: The Division of Professional Licensure has transitioned all license renewals to the online platform ePlace. In order to successfully renew your license through the online platform, you must first link your account and license number. All licensees will have an authorization code that was mailed to your address on file. If you continue having trouble renewing your license, you may call the Board at (617) 727-3074.

Q: A colleague in another state recently told me that they received a letter from the EPA stating that the EPA would be performing a Lead-based Paint Disclosure Rule recordkeeping inspection. What information would they be looking for?

A: Any type of regulatory inspection can be nerve wracking, but if you have been diligent in your recordkeeping, you should not have a problem. Prior to an inspection, the EPA Compliance Officer assigned to your inspection will likely provide you with a list of documents that you will need to produce for their review. These documents may include:  Copies of purchase contracts for homes sold in the last

year that were built pre-1978;  The Property Transfer Lead Paint Notification form

provided to the purchaser in each transaction involving a pre-1978 home;  A list of agents affiliated with the company; and  A list of all pre-1978 properties sold in the last

three (3) years.

Penalties for non-compliance with the lead paint disclosure laws, and failure to properly maintain the required documents for at least three (3) years may lead to significant civil penalties and potential criminal liability for willful violations.

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112, Section 87UU and 254 CMR 2.00(11). A license will only be issued to a corporation if the corporation designates a representative to obtain the license and that representative already holds a broker’s license as an individual. Further, the statute expressly prohibits the issuance of a salesperson’s license to a corporation.

Fees and commissions earned from a real estate transaction may only be paid to a licensed salesperson or broker, as such, any payments to an unlicensed entity are impermissible.

Q. A salesperson affiliated with my brokerage wants me to pay their commissions to an LLC they established – can I do that?

A:. No, a salesperson is unable to receive commission payments through an LLC, or other corporate entity, unless a broker is willing to serve as a representative of that entity.

In order to share any real estate commissions or fees with a corporate entity (i.e. partnerships, limited liability corporations, s corporations, etc.), the entity itself must be licensed as a broker pursuant to Massachusetts General Laws Chapter

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The information and services provided through the Massachusetts Association of Realtors® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorneyclient relationship. The Massachusetts Association of Realtors®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service.

The Massachusetts Association of Realtors® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics, authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legalhotline@marealtor.com.

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Go to: www.maraltors.com/MemberBenefits for access to member-only discounts and special offers.

This cyber insurance program is designed to help real estate professional mitigate and minimize the devastating effects of a cyber-attack or data breach.

MAR members qualify for special competitive and affordable rates.

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May/June 2019

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From the Bench: Trio of Housing Discrimination Settlements

BY THE MAR LEGAL TEAM The office of Massachusetts Attorney General Maura Healey recently announced settlements in three housing discrimination cases requiring the defendants to pay a total of $40,000, undergo staff training, update fair housing policies, and clarify in property advertisements that Section 8 tenants are welcome. In each of the cases, individuals receiving public assistance through the Section 8 Housing Choice Voucher Program were rejected by rental housing representatives because of their participation in the program.

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What Did the Agents Do?

What This Means for Realtors®

Specifically, two rental property representatives told Section 8 program participants that they could not accept Section 8 vouchers, and the third said that their rental property was “not approved for Section 8.” It is illegal to bar a Section 8 recipient from renting property because of their participation in the program and there is no Section 8 property pre-approval.

In addition, one of the defendants had a written policy requiring Section 8 recipients to confirm that their housing authority would pay a certain rent amount prior to applying to rent an apartment. The Attorney General’s office alleges that this policy is illegal because it creates an additional step for Section 8 recipients not faced by other tenants and makes it “nearly impossible for voucher-holders to rent an apartment.”

The Attorney General’s announcement provides a good refresher on discrimination. It is illegal to discriminate against a person because they receive public assistance or a housing subsidy, such as Section 8, just as it is illegal to discriminate against them because of their race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, or handicap.

Refusing to rent, lease, or otherwise deny or withhold housing from anyone on the basis of any of the aforementioned classifications is illegal. Make sure you are familiar with Massachusetts General Law, Chapter 151B, Section 4, Code of Massachusetts Regulations Chapter 804, Section 2.00, and other guidance from the Massachusetts Commission Against Discrimination.

Bay State REALTOR®

Service Animals: Be Careful So You Don’t Get Bitten

BY KENNETH A. KREMS, ESQ You are showing an apartment to a prospective tenant who informs you that she has an emotional support animal, a large golden retriever. You know that the building doesn’t allow pets. What should you do? Over the last 10 years or so, there have been many more requests from applicants and existing residents for emotional support or companion animals, in addition to requests for service animals. These are primarily dogs or cats, but can also be other animals such as birds, monkeys, iguanas or even miniature horses.

A request for an emotional support or service animal in a no-pet building, or for an overweight or prohibited breed in a pet-friendly building triggers fair housing issues. Both Massachusetts and Federal law make it unlawful for a landlord to refuse to make a reasonable accommodation in rules, policies, practices, or services when the accommodation is necessary to afford a disabled person an equal opportunity to use and enjoy the apartment.

Waiving a no-pet policy, or allowing an overweight animal or a prohibited breed, are examples of reasonable accommodations.

A request for a reasonable accommodation must be considered on a case-by-case basis, and you may need to engage in an interactive process with the applicant or resident.

If the disability or the connection between the disability and the need for the animal is not obvious, you should have the applicant fill out a reasonable accommodation form and obtain documentation from the applicant’s physician or other professional.

If the physician indicates that there is a disability

and the animal is necessary for the applicant’s well-being, you generally have to allow the animal.

However, the law does provide that a request for a reasonable accommodation, which results in an undue hardship to the landlord or which constitutes a direct threat to others, need not be granted. If an animal threatens other residents or animals, or barks incessantly, you may be able to inform the resident that he must remove the animal but can replace it with another one, which presumably will be better behaved. Similarly, the animal must have all required vaccinations and licenses, and the resident must take proper care of the animal and clean up after it.

Open Houses: Another situation that you may encounter relates to open houses, where someone comes to the door with an animal and wants to bring the animal with them as they tour the house. Do you have to allow them in with the animal?

There aren’t any guidelines dealing specifically with open houses, nor are

there court cases on the subject, but if the animal is a service or emotional support animal, the answer probably is yes. If the purpose of having the animal is not readily apparent, you can ask if the animal is required because of a disability. If the answer is “yes, it is”, you should let the individual and the animal into the house. Assuming that you get the names and addresses of everyone who tours the house, you should also make sure that you get the name and address of this individual.

If the individual does not have control of the animal or if it is noisy or disruptive, it has to leave the house.

If it does any damage to the house, the owner of the animal should be responsible for paying for the damage.

Dealing with emotional support animals or service animals, whether in the context of renting or managing apartments or conducting open houses, can be complicated. It is important for you to know the rules and follow them carefully, so you don’t make a serious mistake.

Kenneth A. Krems, Esq, is a partner in the Boston law firm of Shaevel, Krems, O’Connor & Jackowitz LLP, where he focuses on residential and commercial real estate management and other real estate issues.

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Five Ways Realtors® can Work with Attorneys to Insure a Smooth Closing

BY MICHAEL KRONE, ESQ. Coordination between the parties in the real estate closing process is vital to the transaction moving toward a timely and efficient conclusion. The lenders and closing attorneys may control the process, but the Realtor® is often the “glue” that holds the transaction together. So, what can the Realtor® do to work with the closing attorney and help make the closing process move smoothly and efficiently? Here are my five suggestions from my experience closing thousands of transactions:

2. Communicate.

1. Stop Closing Everything on the Last Day of the Month.

When preparing your offers, pick different days of the month. Allowing the closing attorneys to spread out the purchase closings throughout the month will result in a better closing experience for everyone involved. As an industry, we close 70% of our transactions in the last few days of the month.

This makes for a hurried and confusing experience for buyers and sellers. More importantly, having so many closings during the same few days results in more errors and problems. From a mere convenience standpoint, closing so many transactions at once causes uncomfortable situations at the Registries of Deeds and delays in recordings and the transfer of keys.

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Communication with the closing attorney’s office is essential. By staying in touch, you can work with the closing attorney’s staff to resolve matters before they become problems. As a Realtor® you have vital information and knowledge that the closing attorney needs. Make sure they know who you are and the role you are playing in

the transaction early on.

Provide them with your agency information, brokerage commission, and fees that they are required to include on the closing disclosure. Let them know immediately if any issues arise that could impact the closing. Be sure that meter readings, oil readings, and smoke detector certificates are passed on to the closing attorney in a timely fashion.

3. Get Them a Copy of the Purchase and Sale Agreement.

If the buyer is not being represented by the closing attorney, you need to provide the attorney with a copy of the Purchase and Sale Agreement (P&S) as soon as you know who is closing the transaction. Many closings have been delayed because agents have not provided the requested P&S to the closing attorney in a timely fashion, even after being requested to do so. The information on the P&S is vital to begin title work and for communication between the parties.

4. Prepare Extensions.

If the parties need to extend the closing, don’t wait for someone else

to do it; prepare the extension and circulate it for signatures. As a Realtor® you know the parties best and you have their trust. Closing attorneys that are not representing the buyers are not responsible for preparing such extensions, so your assistance is essential in those instances. Don’t assume someone else in the transaction is obtaining the necessary extensions. Calendar the important dates and stay in touch with the closing attorney to determine if the closing date needs to be changed and provide your input as to what dates may work best for the parties involved.

5. Cooperate.

Don’t be a bystander in your own transaction. Work with the closing attorney. If title issues pop up, assist in resolving them in whatever way you can and help obtain information they might need.

Set expectations with your clients appropriately so delays don’t come as a complete surprise to them. You should be as accommodating as possible. The old attitude of “that’s not my role” is a thing of the past.

Today’s best Realtors® are involved from start to finish in the closing process.

Realtors® are assets in the closing process to everyone involved in the transaction. Your efforts in assisting the closing attorney are essential elements of your professionalism and they provide your clients with a better closing experience. Because sometimes the simplest efforts can make all the difference.

Michael Krone is Executive Vice President of Universal Capital – a private lender serving all New England states. Mike is a graduate of Boston University and New England Law School. He has practiced real estate law for over 35 years and is a popular real estate containing education instructor. Mike can be reached at mike@uclend.com.

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member voices R E A LT O R ® V I E W S

{president’s message}

t

The People

BY ANNE MECZYWOR From what I’ve seen, the 25,000 Realtors® in Massachusetts have so much in common, yet they are so significantly diverse. In my role as president, I’ve spent a lot of time traveling from one end of the Turnpike to the other and everywhere in-between. During this time, I get to see these nuances of our membership across 13 local associations covering seven regions.

If you didn’t know, the size of our local associations range from over 9,900 members to less than 400 members (with the Realtors® Commercial Alliance of Massachusetts, a statewide overlay board, currently at 40+members). To work together, we make use of three Realtor ®affiliated multiple listing services.

Our markets include oceanfronts, mountains, urban cities, suburban towns, and rural areas.

There are modest first-time homebuyer properties available for well under $100,000, and multi-million-dollar luxury estates, often surprisingly close to one another.

Some of you work close to home while others may help buyers and sellers miles from their offices, like I do in the Berkshires. We also know that business models vary. There are huge franchises, small boutiques, single brokers, teams, bricks and mortar, multiple offices, virtual offices, concierge, limited service, etc. Of course, business practices vary by region as well. The tradespeople, attorneys, and lenders on our “go-to” lists are different and

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even days on market (DOM)— and the definition of DOM—can differ depending on where you are in the Commonwealth. We are a microcosm of the entire country packed into 10,565 square miles.

So, is it the differences that define us, or the similarities?

I believe it’s both. Some things are a constant among our members, (I know there are exceptions) however, generally speaking, MAR members truly care. There is a level of professionalism that does not necessarily exist elsewhere.

You will find MAR members willing to jump in to help each other, and members that spend time volunteering in their communities. We encourage each other, we form strong professional bonds and, we form even stronger friendships that last for decades.

Like in any family, there are times when we don’t see eyeto-eye. But the differences fall by the wayside in times of need, or when consumers need our help. At the end of the day, you will find competitors deep in conversation, frequently

with lots of laughter any time they gather.

Whatever our role; member, volunteer, or staff, WE ARE MAR. There is pride in that.

What each of us sees close to home, in our bubble, is just our frame of reference, our comfort zone. There is always the challenge we may fall into the mindset that our way is the only “right” way. But that mindset could cause you to miss out on opportunities to learn, grow, and do business.

I am going to encourage you to step out of your comfort zone and get to know each other better this year. Check out the calendar of events on our website and look for events elsewhere. Take a ride over to another association and take a CE class there. Go to a fundraiser or chat at a networking event. Exchange contact information and get to know each other.

The wealth of knowledge, creativity, encouragement, and friendship here is unique.

And the best part? It’s all yours for the taking. It’s our MAR, and we are pretty awesome.

NAR Launches ‘That’s Who We R®’ Consumer Advertising Campaign

BY SHELBY O’HARE As a Realtor®, you know the difference between you and someone who is just a real estate agent.

However, the public might not know that as a member you subscribe to a Code of Ethics and that being a member is more than just about the transaction.

To help bridge this information gap, NAR launched a new marketing campaign inspired by the Code of Ethics in February titled “That’s Who We R®.” The campaign aims to highlight what it means to be a Realtor® and the continuous impact Realtors® have as property owner advocates, engaged community members, and trusted industry experts.

The video ads feature compelling stories that underscore the Realtor® promise, displaying Realtors® and their commitment to their clients’ futures, their neighborhoods, and their own futures. These ads work to instill pride in the Realtor® community as well as educate the general public on the significance of using a Realtor® and why it could be the best decision they will make in their home buying or selling process.

Along with the video, NAR is extending their marketing efforts to include state and local associations. By going to www.nar.realtor/thats-who-we-r/campaignmaterials, you have the ability to download different variations of campaign logos, print ads, digital ads, banners, and social media materials. The best part? Some of these ads are customizable, allowing you to add your association or company logo and use these materials as a part of your own marketing strategy. The inclusivity of this campaign creates a clear and comprehensive message across all state and local associations, giving more legitimacy to the importance of the Realtor® promise.

REALTORS® > AGENTS

When we agree to our REALTOR® Code of Ethics, we also agree to hold ourselves accountable.

Which means you can hold us to a higher standard.

REALTORS® are members of the National Association of REALTORS®

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MAR Member Selected as ‘30 Under 30’ Honoree for 2019 Each year, Realtor® magazine honors 30 young Realtors® for their dedication to the profession. This year, nearly 300 professionals applied and after multiple rounds and careful consideration, Josh Stiles, a Realtor® with Compass in Boston was selected as a member of the “30 Under 30” Class of 2019.

“To me [being a 30 Under 30 honoree] means ‘Resilient.’

I know that all honorees and those who applied are incredibly resilient. Most of us generated our own business from ground zero. It takes incredible resiliency to build our

way up and to continue do so. We have put in incredible effort to only be turned away multiple times, we make mistakes, we fail, and fail some more. And yet, we wake up every day, the sun rises, and we keep going strong,” said Stiles. “The first brokerage I applied for turned me away.

I was told I was too young, I was not ready, and I did not know enough people. I didn't accept that.”

Congratulations to Josh Stiles and the other 30 Under 30 honorees of 2019!

Mary Crowley, 1998 MAR President, Dies at 95 We are saddened to share with you the passing of 1998 MAR President Mary Crowley. Known for her generous spirit and inclusive leadership style, Mary passed away at the end of February among family in Montana at the age of 95.

Mary served as MAR President in 1998 and was a member of numerous MAR committees.

She served as MAR Secretary in 1995, and Cape Cod Regional Vice President in 1982, 1983 and 1991. In 1986, she was presented with the Milton H. Shaw Distinguished Service Award. As a leader, she encouraged many Realtors® 22

Bay State REALTOR®

to volunteer their time and energy to the Association. Many of those who she encouraged to get involved later went on to serve MAR as presidents and other leadership roles.

Mary was president of the Cape Cod & Islands Association of Realtors® in 1979-80 and was honored with its Realtor® of the Year award in 1979.

At the National level, Mary was very active in the National Association of Realtors® (NAR) international efforts and even accompanied NAR leadership to Romania to help set up real estate schools.

A Realtor® since 1965, she was the broker-owner of Crowley Associates, Better Homes & Gardens in Buzzards Bay, Cape Cod. Mary leaves her daughter Jan and grandchildren of Bozeman, Montana and her son Patrick, a past MAR member who worked with Mary and spends time between Cape Cod and Roatan, Honduras.

Members Receive Online License Renewal Help In March, MAR partnered with the Board of Registration of Professional Licensure to bring representatives to MAR to walk Realtors® through the new online license renewal process. At the event, the Board offered both classroom instruction and individual help sessions for using their new ePLACE registration Portal.

For more information about the online license renewal process, go to https://elicensing.mass.gov/ or contact the Board with questions at: realestateboard@mass.gov

Realtor® Party Training On March 14, more than 50 current and future Realtor® Party leaders gathered at the Bentley University Conference Center in Waltham, Mass. to learn the ins and outs of the Realtor® Party and collaborate with peers. Attendees discussed topics such as: RPAC events, increasing participation, legal compliance, grants, and more. The training featured a keynote address from 2019 Realtor® Party Director Christine Hansen, a Realtor® from Fort Lauderdale, Fla. In her address, Hansen discussed GSE reform (Fannie Mae & Freddie Mac), protecting tax payers, minimizing costs to home buyers, protecting the availability of financing, and 50 years of RPAC. The Realtor® Party is an alliance of Realtors® and their Realtor® Associations working to protect and promote homeownership and property investment. The Realtor® Party speaks with one voice to advance candidates and public policies that build strong communities and promote a vibrant business environment. For more information: https://www.nar.realtor/political-advocacy

2019 NAR Region 1 Vice President, Alan DeStefano, of Bristol, NH, and Kevin Sears, Realtor® Party Member Involvement Liaison, of Springfield, MA, talk about the 50th Anniversary of the Realtors® Political Action Committee and its success over the past 50 years.

To advertise in Bay State Realtor®, contact Julie Lewis at (508) 612-4841 or Julie@MARadSales.com

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CALENDAR of EVENTS *May 7, May 21 GRI 302: Expanding your Base 8:00 a.m.– 4:30 p.m. & 8:00 a.m.– 5:30 p.m.

Two-day course where students learn to understand the nuances of industrial, commercial, and international real estate, handle foreclosures/short sales, and expedite closings and settlements.

May 8 Webinar: Home Inspections 10:00 a.m.– 11:00 a.m.

The webinar will cover essential aspects of a home inspection and provide risk management strategies for agents during the inspection. Matt Smith, Director of business development for Warren Home Inspections, will teach you how to prepare expectations of a home buyer and mitigate the emotional stress brought on by the home inspection.

* Events will be held at MAR HQ 333 Wyman Street, Waltham, MA 01760

Save the Date: 2019 Margaret C. Carlson Realtor® Day on Beacon Hill Wednesday, June 12, 2019 Massachusetts State House

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Bay State REALTOR®

May 9 Board of Directors Meeting 1:00 p.m.– 4:00 p.m.

The Board of Directors will meet at the Sheraton Hotel and Conference Center in Framingham, MA to discuss the management of the association, with regard to the governance, business, finances, and property of the corporation.

May 13 –18 NAR Midyear Meetings The Realtors® Legislative Meetings & Trade Expo is where NAR members take an active role to advance the real estate industry, public policy, and the association. Realtors® come to Washington, DC, for Capitol Hill visits, special issues forums, committee meetings, legislative activities, and the industry trade show.

*June 5 & 11 GRI 101: Skills for Success 8:00 a.m.– 4:30 p.m. & 8:00 a.m.– 5:30 p.m.

This two-day course will cover how to build a real estate business, acquire and service a listing, and market with technology.

Attend Realtor® Day on Beacon Hill to get up close and personal with legislators and make an impact. Hear from MAR staff and an exciting key note speaker (TBA) about the key legislative issues that will affect the real estate industry and private property. Local associations are encouraged to meet with their legislators after the speaking program.

Do not miss out on this grassroots opportunity to show that Realtors® are directly involved in the legislative process.

What your clients need to know about the new Oilheat!

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Talking to your clients about Bioheat is just one of the ways that you can improve how you market your oilheat listings. At the Partnership for Realty and Oilheat Success (PRO$), we’ve got all the knowledge you’ll ever need to list and sell more oil-heated homes.

Visit OilheatPROS.com/MA today and elevate your game.

The more you know, the more you’ll sell !

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MEMA, Mass-BayStateRealtor-HalfPageAd-15410D.indd 1

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