By: The Massachusetts Association of REALTORS® Legal Team

Q: Can a buyer request that the seller and their agent refrain from attending the home inspection?
A: A seller's agent is not required to attend the home inspection; their primary responsibility is to provide access to the property. While you can request that the seller and their agent not be present during the inspection, there is no legal obligation to exclude them. The seller has the right to attend, and they may also choose to have their agent present. As a standard practice, the seller's agent should not interfere or offer opinions during the inspection. The inspection is paid for by the buyer and that time is intended for the buyer and their inspector.

Q: Is it permissible for a client to sign all documents using only the LLC name? Is this signature sufficient if it only includes the LLC name?
A: An LLC should sign a real estate contract in the name of the LLC, with the signature of the individual who has authority to bind the LLC. The signature should include both the entity and the person's representative capacity. The Seller in a P&S can be noted as "123 Real Estate, LLC" in Paragraph One ("Parties") but the signature line should be "123 Real Estate, LLC by Mary Jones, its_____________(Member or Manager)."

Q: What steps should I take to verify if a property is a legal three-unit property?
A: There are a number of steps you can take to verify the number of legal units in a property. The following is a good review of the possible steps you can take.

1. Review the Municipal Assessor’s Record: Check the Assessor’s database for property classification, number of units, and use code. This is helpful but is not conclusive proof of legal occupancy because Assessor records are primarily maintained for tax purposes.
   2. Contact the Building Department: Request certificates of occupancy (if applicable), building permits, approved plans, final inspections, and records of any unit conversions. Sample questions to ask include:
         1. Is the property recognized as a legal three-unit?
         2. Were all units legally permitted?
         3. Are there any open permits or violations?
   3. Verify Zoning: Determine whether three-unit dwellings are permitted in the zoning district and whether the property is legally conforming or legally nonconforming (grandfathered).
   4. Review Conversion History: If the building was converted from another use, verify that the conversion was properly permitted and approved.
   5. Review Prior MLS History: Do not rely on prior marketing descriptions as proof that the premises is legally a three-unit property. Relying on MLS records alone is not a sign of an agent’s good-faith effort in this example.
   6. Question the Seller: Ask whether permits were obtained, whether a certificate of occupancy exists, and whether the municipality has ever questioned the property's legal status.
   7. Advise Buyers to conduct their own Due Diligence: "Property currently configured as three units; buyers should independently verify legal three-unit status with the municipality."

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client 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 legal@marealtor.com.