Notes from the Legal Hotline: December 2024


Q: Does the smoke detector law apply to mobile homes?

A: In Massachusetts, every home must have working smoke alarms. When selling or transferring a home, the seller must obtain a certificate of compliance to demonstrate that the smoke alarms meet specific standards. This requirement extends to mobile homes because the language of the law requires “all buildings or structures occupied in whole or in part for residential purposes” to be equipped with approved smoke detectors. Although mobile homes may sometimes be classified as personal property, when they are used for residential purposes, they must be equipped with smoke detectors. Additionally, the Supreme Judicial Court held that if a mobile home acquires the characteristics of a conventional home, the mobile home ceases to be tangible personal property and becomes real estate. Ellis V. Board of Assessors, Acushnet, 358 Mass. 473, 474-75 (1970).

Q: As the buyer’s agent, do I have a right to a written rejection of an offer from the listing agent?

A: If you and your buyer client have concerns that your offer was not presented to the seller and would like a written rejection of the offer, then you may request one from the listing agent. The seller is not required to provide a written rejection, and usually a non-response after the offer deadline is proof of that rejection. However, Standard of Practice 1-7 of Article 1 of the REALTOR® Code of Ethics provides an avenue to confirm in writing from the listing broker that the offer was submitted.

According to Standard of Practice 1-7, a listing broker or agent is required to respond in writing when a cooperating broker requests confirmation that an offer was submitted to the Seller. The Listing Broker or agent must provide this confirmation unless the Seller has given written notification waiving the obligation to present the offer.

Q: My client is interested in installing video cameras on rental properties. Is this legal?

A: Landlords may install…