A salesperson owns an apartment complex in Boston. The salesperson has decided to advertise the property for sale in a local newspaper and personally sell it. If the salesperson proceeds in this manner, the salesperson is
A.
Violating the law because the salesperson is not a broker and cannot advertise.
B.
Violating the law because a salesperson may not sell an income-producing property.
C.
Not violating the law because the broker-salesperson distinction does not apply to commercial properties.
D.
Not violating the law because the salesperson has all the rights of a non-salesperson owner.
A salesperson in Massachusetts, when selling their own property, has the same rights as a non-salesperson owner. The broker-salesperson distinction does not apply when an individual is selling their own property. A salesperson is not restricted from selling their own property, even if it is an income-producing property like an apartment complex.
The key distinction is that salespersons are prohibited from engaging in real estate activities for others without the supervision of a licensed broker. However, in this scenario, the salesperson is acting as an individual property owner and is free to advertise and sell the apartment complex without violating the law.
Therefore, the salesperson is not violating the law and has all the rights of a non-salesperson property owner.
[Reference: M.G.L. c. 112, § 87RR – Licensee Requirements; Massachusetts Real Estate Candidate Information Bulletin., , ]
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