- Compliance with Marketing Regulations in Web Site Activities
- Disclosures: required symbols, language and content for front page, footers and general content on broker and agent web sites
- Agent Web Sites: understanding how some web site marketing strategies attempt to "separate" the agent from the broker in personal promotion activities (254:CMR 3:00:9(a))
- Online classifieds: compliance with required brokerage name, numbers and contact information when using online classified formats
- Risk Reduction and Electronic Portfolio Management
- Record keeping: understanding and planning a safe storage strategy for online communications such as email, efax and instant messaging related to transactional issues (254 CMR 3:00:10(b))
- Providing copies of communications and documentation generated from online correspondence to customers and clients
- Mechanism for providing all parties (buyer and seller) copies of purchase and sale agreement when using electronic communications mediums (87 AAA(e))
- Using verified return receipt tools to document communication and disclosure to all parties
- Alternate methods for record keeping (scan, cd) to provide greater, safer document storage and easier method to provide full transaction records to all parties
- Compliance with Marketing and Disclosure regulations in Email-based Communications
- Proper construction and required content for signature files in email messages (254 CMR 3:00:9(a))
- Creation, maintenance and usage of electronic signatures for communication
- Use of appropriate broker, agent and contact information when using online listserv and discussion group services that involve consumers
- Statute of Fraud - applicability of in-writing rule to electronic communications and documentation requirements for consumers (eg., ((940 CMR 3.17 (3)))
- Understanding and managing "sharing of fees" when dealing with online services (intermediaries) (254 CMR 3:00(8))
- Guidelines for agent participation (binding of broker to) online lead generation services
- Guidelines for accepting and offering referral fees in online marketing mediums
- Guidelines for internet based consumer mining in other license jurisdictions
- Internet Navigation Guidelines
- Navigating Board of Regulation site: for checking agent license status, complaints, emerging issues
- Reciprocity: locating reciprocal state regulations using online board of registration sites
- Navigating MCAD web site for consumer information, disclosures, required forms and financial information
- Navigating EPA web site for state regulatory information, consumer education materials, forms, disclosures and emerging issues
- Navigating Massachusetts department of housing and Community Development:
- Section 8 guidelines and information (760 CMR 5.00)
- Navigating DEP/Title V for septic inspection and property transfer information (Title 5, 310 CMR 15.000)
- Establishing a Company Internet and Email Policy
- Content outline: how to develop and implement an internet section to your existing company policy;
- Guidelines: how to identify "myth" versus fact for required online activities and emerging regulation of e-commerce
- Drafting: How to draft company policy for independent contractors
- Education: methods for educating agents on company policy regulations and compliance with requirements
- Monitoring: methods for monitoring agent compliance with company policy guidelines
- Compliance with Fair Housing Laws and Consumer Protection Laws
- Navigating Fair Housing Site
- Navigating Office of Consumer Affairs for landlord/tenant information (eg., (M.G.L. c. 151B §4))
- Navigating Massachusetts Department of Health Childhood Lead Poisoning Programs; Locating online forms
- Navigating Home Inspectors Web Site; locating forms and "required facts for consumers about home inspectors"
Resources and References:
- Home inspectors and the form required " facts for consumers about home inspections"
- MCAD website for general information and guidance for office policies etc.
- Massachusetts department of housing and Community Development: Section 8 guidelines and information
- Massachusetts DEP with Title V info
- Massachusetts Office of Consumer Affairs: Landlord tenant info
- Massachusetts Department of Health : Childhood Lead Poisoning Prevention Program forms
- E-mail case: Shattuck v. Klotzbach, Plymouth Superior Court C.A. No. 01-1109A. It should be stressed that this case is a sole case on this issue on a lower level of the court system.
- Statute of Frauds citations:
M.G.L. Chapter 259 Section 1
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