Notes From the MAR Legal Hotline: April 2026

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: As a REALTOR®, what steps should I take if a client insists on violating fair housing laws? 
A: This Fair Housing Month, it is crucial for REALTORS® to understand how to respond when a client violates fair housing laws. REALTORS® must take decisive and prompt action to protect themselves from liability and to help prevent fair housing violations. 

When faced with such a client, it is essential to take the following steps: 

1. Education the client about their obligations under fair housing and the importance of complying withthe law.  

2. Maintain records of all interactions with the client.  

3. Refuse to participate or support any illegal activities.  

4. Notify your broker about the situation immediately.  

5. Terminate the relationship if the client continues to insist on unlawful actions.  

Additionally, it is advisable to include a clear statement in your listing agreements and other communications with clients, expressing your commitment to upholding fair housing laws. This will put everyone on notice that you will follow Fair Housing laws and also contribute to preventing discrimination in housing. 

Q: What does the term “reasonable” mean in a real estate contract? 
A: Real estate contracts often rely on precise dates and deadlines. Still, terms like “reasonable time” or “reasonable date” appear frequently and often create confusion. For Massachusetts agents, understanding how “reasonable” is interpreted is key to keeping transactions on track.

Legally, “reasonable” is not a fixed timeframe. It is a flexible standard based on what a“prudent person” would consider appropriate underthe circumstances. Courts look at the specific facts of each transaction, including timing pressures, the nature of the obligation, and the conduct of the parties to determine if a party acted in good faith.

In practice, industry norms matter. For example, an inspection timeline of 7 days in a Contract to Purchase is most likely reasonable, while 1 day likely is not (absent unusual circumstances.) Similarly, delivering routine documents promptly is expected, even if no exact deadline is stated.

Good faith and communication also play a central role. If delays arise, agents should document the reason and keep all parties informed. Silence or lack of follow-up can quickly be viewed as unreasonable.

The best approach is to avoid ambiguity whenever possible. Use clear deadlines in contracts. When “reasonable” is unavoidable, rely on common sense, market standards, and consistent communication to guide your actions. 

Q: The buyer has requested “condo docs.” What documents should the seller provide?
A: A set of Condominium Documents should include: 

1. Master Deed and any Amendment(s) there to or applicable recording information; 

2. Condominium Trust and any Amendment(s) there to or applicable recording information; 

3. Condominium By-Laws and any Amendment(s) there to or applicable recording information; 

4. Condominium Rules and Regulation and any Amendment(s) there to; 

5. Condominium budget for the current year; and  

6. Minutes of the most recent Condominium Unit Owner’s meeting.  

The Buyer generally requests 3-5 business days for review and acceptance of the condominium documents at the time of the Offer, so it’s prudent for the Seller’s side to have these documents readily available to avoid delays.