By: The Massachusetts Association of REALTORS® Legal Team

Q: Can buyers legally submit a second offer without withdrawing from an offer that is already accepted? 

A: This complicated situation should first be discussed with your broker. Your clients have committed to purchase the first property and each contract requires good faith and fair dealing. Placing an offer on a second property while bound to purchase the first, could potentially be seen as acting in bad faith. If there are open contingencies the buyers may be able to terminate the contract and have their deposit returned depending on the circumstances and details of those contingencies. If the buyers choose to terminate without a valid contingency, they likely forfeit their deposit. Your clients should be advised to consult with their attorney regarding the risks of remaining under contract to purchase the first property while making an offer to purchase the second. 

Q: Is it legal for a landlord to charge tenants a termination fee for breaking the lease? What if that fee includes the cost of broker’s services? 

A: A landlord may include lease provisions for breach and abandonment by the tenant and any associated damages. However, a "one size fits all" standard termination payment for breaking a lease may not be reasonable. Consider the legal reasons under which a tenant may break a lease; for example, a military deployment or because of domestic violence. It is possible even with a request to leave early that a pre-determined financial penalty may result in a windfall to the Landlord.  MAR's Standard Lease contains a broader provision that outlines potential damages, including broker’s fees to advertise and locate a new tenant, and indicates that the tenant would be responsible for those damages if they breach the contract or abandon the property, but it falls short of prescribing a set amount This is because damages should reflect the actual cost of vacating the premises early. Ultimately, the tenant has agreed to be responsible for payment for the full term of the lease; these damages provisions would not prohibit the tenant and landlord from making an agreement otherwise. If a landlord wants to implement something more specific regarding termination fees as a standard lease provision, they are best advised to consult with legal counsel. 

Q: My license is due for renewal, where can I find the CORI form?  

A: All applications, renewals, and reinstatements are now exclusively submitted and issued through eLIPSE. These submissions must be accompanied by a notarized Massachusetts Criminal Offender Record Information (CORI) Acknowledgment form, which requires you to engage with a notary public to witness your signature on the form. The CORI Authorization allows the Division of Occupational Licensure to run a “CORI check” submitting your personal information to the Department of Criminal Justice Information Services for background screening. To ensure a faster process, complete the CORI form in full with notarization. 

The CORI form is available here: https://www.mass.gov/doc/dol-cori-form/download

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.