By: The Massachusetts Association of REALTORS® Legal Team

Q: I have heard that there are new requirements for certain cash transactions. What are these new FinCEN rules?
A: Beginning March 1, 2026, real estate professionals involved in non-financed real estate closings are required to report specific details of the transaction to FinCEN (The Financial Crimes Enforcement Network of the U.S. Department of the Treasury.)  While the responsibility for compliance will rest with the closing attorney or settlement agent, REALTORS® should be aware of these requirements and encourage their clients to consult with their attorney for further guidance.  

A transfer is reportable when the following conditions are met: 

1. The real property is residential.  
2. The transfer is non-financed (“cash” transaction).  
3. The Buyer is a “transferee entity” (e.g., corporation, partnership, estate, association or LLC)  
4. An individual is not a transferee entity.  
5. A “transferee trust” is not a “transferee entity” so if the Buyer has created a Trust and places the real property into the Trust at Closing for the benefit of one or more beneficiaries, the transaction is non-reportable.  
6. An exception does not apply (see www.fincen.gov/system/files/2025-12/Exceptions-Fact-Sheet.pdf for specific examples of exemptions.) 

Q: Much of the state recently received a lot of snow. Who is responsible for snow removal at a property?
A: Massachusetts property owners have a legal obligation to keep their property free of snow and ice regardless of whether the accumulation is “natural” or “unnatural.” This obligation exists for owner-occupied, rental, and commercial properties alike. Slippery surfaces should be cleared and treated as soon as possible to avoid potential injury to visitors and guests. Property owners should check municipal ordinances, as many cities and towns specify a time frame in which surfaces must be cleared after a storm.

Landlords may only transfer the obligation to clear snow and ice to a tenant if the dwelling has its own egress that is not shared with other units. This, however, must be included in the written rental agreement and does not absolve the landlord of their obligation to clear common areas, such as sidewalks, parking lots, and driveways.
REALTORS® should not take on the responsibility of snow removal on behalf of their clients as they may be exposing themselves and their clients to liability. Rather REALTORS® should advise their clients to remain diligent in their efforts or hire an insured company to clear snow and ice. If complete clearing is not possible, warning signs may be appropriate. Clients that have specific questions regarding their duty to clear snow and ice should consult their attorney. 

Q: What can I do to make sure that my advertisements show that I am part of a real estate team? Are there special advertising requirements when working as a part of a team?  
A: Massachusetts law does not recognize real estate teams as separate entities from the Broker-Agent structure. However, their advertising is still subject to 254 CMR 3.09, which states that all real estate advertising must clearly disclose the name of the brokerage or principal broker under whose license the agent(s) operate. This regulation aims to ensure that consumers can readily identify the responsible brokerage. Team advertisements must not be misleading and must clearly indicate that the team operates under a licensed brokerage. To satisfy the requirements of 254 CMR 3.09, the brokerage name must be prominently displayed in all advertising, and team advertising cannot imply that the team is an independent brokerage.

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service.  The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.