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Real Estate Licensing Massachusetts-Real-Estate-Salesperson Exam - Topic 3 Question 14 Discussion

Actual exam question for Real Estate Licensing's Massachusetts-Real-Estate-Salesperson exam
Question #: 14
Topic #: 3
[All Massachusetts-Real-Estate-Salesperson Questions]

The Massachusetts Consumer Protection Act (M.G.L. c. 93A) does NOT apply to which of the following persons?

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Suggested Answer: A

The Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits ''unfair or deceptive acts or practices in the conduct of any trade or commerce.'' This law applies to persons engaged in business transactions, including brokers, salespersons, and builders selling homes.

However, a private homeowner selling their own home without engaging in trade or commerce is exempt. Courts have consistently held that Chapter 93A applies to persons ''engaged in business'' and does not cover purely private, non-business transactions such as a homeowner selling their own single residence.

Thus, while brokers, agents, and even builders are covered by c. 93A (even if they build/sell fewer than ten homes), a private owner selling without brokerage or business involvement is exempt.


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Buddy
17 days ago
I’m leaning towards C because I recall that small builders have some exemptions under consumer protection laws.
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Johnathon
22 days ago
I feel like I saw a similar question about brokers and their commission structures. Could it be B?
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Melodie
27 days ago
I think the answer might be A, but I'm not entirely sure. I remember something about private sales being exempt.
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