reglab/housing_qa huggingface dataset:
MA Gen L ch 183b § 43 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 43 - Deposits Placed in Escrow; Holding Instrument of Payment

Section 43. (a) Any deposit made in connection with the purchase or reservation in the commonwealth of a time-share from a person required to deliver a public offering statement pursuant to subsection (c) of section thirty-seven shall be placed in escrow, either in the commonwealth or in the state where the time-share project is located, in an account designated solely for said purpose by a licensed title insurance company, an attorney, a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until (i) delivered to said person required to deliver a public offering statement at the expiration of the time for cancellation or any later time specified in any contract of sale, (ii) delivered to said person because of the purchaser's default under a contract to purchase the time-share, or (iii) refunded to the purchaser. The interest, if any, earned on the deposit while it is held in escrow shall be credited to the account of the purchaser.  (b) A seller may hold until the receipt of a notice of cancellation, or the fifteenth day following the cancellation period provided for in section forty-one, an instrument of payment, including but not limited to a credit account authorization, made by a purchaser which is payable to the escrow agent. After expiration of said fifteen days, if no notice of cancellation is received, said instrument shall be deposited as provided in subsection (a).
MA Gen L ch 183b § 44 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 44 - Release of Liens; Surety Bond; Service of Process for Foreclosure of Lien

Section 44. (a) In the case of a sale of a time-share where delivery of a public offering statement is required pursuant to subsection (c) of section thirty-seven, a seller shall, before transferring a time-share, record in the appropriate registry of deeds or land registration office or furnish to the purchaser releases of all liens affecting said time-share which the purchaser does not expressly agree to take subject to or assume, or shall provide a surety bond as provided in section fourteen of chapter two hundred and fifty-four.  (b) If a lien other than a mortgage becomes effective against more than one time-share estate, any time-share owner is entitled to a release of his time-share estate from said lien upon payment of his proportionate liability for said lien in accordance with time-share expense liability unless he or his predecessor in interest agreed otherwise with the lienor. After payment, the managing entity shall not assess or have a lien against said time-share estate for any portion of the time-share expenses incurred in connection with said lien.  (c) If a lien is to be foreclosed or enforced against all time-shares in a time-share property, service of process shall be made upon the managing entity, if any, and shall constitute service thereof upon all the time-share owners for the purposes of foreclosure or enforcement. The managing entity shall forward promptly, by registered mail, a copy thereof to each time-share owner at his last address known to the managing entity. The cost of said forwarding shall be paid in advance by the holder of the lien and may be taxed as a cost of the enforcement proceeding. Said notice shall not be sufficient for the entry of a deficiency or other personal judgment against any time-share owner.
MA Gen L ch 183b § 45 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 45 - Express Warranties

Section 45. (a) Express warranties made by any seller to a purchaser of a time-share shall be created as follows:  (1) any affirmation of fact or promise which relates to the time-share, the time-share unit, rights appurtenant to either, area improvements that would directly benefit the time-share, or the right to use or have the benefit of facilities not located on the time-share unit, creates an express warranty that the time-share, the time-share unit, and related rights and uses shall conform to the affirmation or promise;  (2) any model or description of the physical characteristics of the time-share property, including plans and specifications of or for improvements, creates an express warranty that the property shall conform to the model or description, provided, however, that this paragraph shall not preclude the substitution of items of substantially the same kind, function and quality as those in the model or description;  (3) any description of the quantity or extent of the real estate constituting the time-share property, including plats or surveys, creates an express warranty that the property shall conform to the description, subject to customary tolerances; and  (4) a provision that a purchaser may put a time-share unit only to a specified use is an express warranty that the specified use is lawful.  (b) Neither formal words, such as ''warranty'' or ''guarantee'', nor a specific intention to make a warranty, shall be necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the time-share, the time-share unit, or the value of either shall not create a warranty.  (c) Any transfer of a time-share transfers to the purchaser all express warranties of quality made by previous sellers.
MA Gen L ch 183b § 46 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 46 - Implied Warranties of Developer or Person in Business of Selling Real Estate for Own Account

Section 46. (a) A developer and any person in the business of selling real estate for his own account warrants that a time-share unit shall be in at least as good condition as the earlier of the time of the transfer or of the delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.  (b) A developer and any person in the business of selling real estate for his own account impliedly warrants that a time-share unit and any other real property the time-share owners have a right to use in conjunction therewith shall be suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him, or made by any person before transfer, shall be:  (1) free from defective materials; and  (2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.  (c) A developer and any person in the business of selling real estate for his own account warrants to a purchaser of a time-share that an existing use of the time-share unit, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of transfer or of the delivery of possession.  (d) Warranties imposed by this section may be excluded or modified as provided in section forty-seven.  (e) For purposes of this section, improvements made or contracted for by an affiliate of a developer are made or contracted for by the developer.  (f) Any transfer of a time-share transfers to the purchaser all implied warranties of quality, of any developer and any person in the business of selling real estate for his own account.
MA Gen L ch 183b § 47 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 47 - Implied Warranties of Quality; Exclusions or Modifications

Section 47. (a) Except as limited by subsection (b) implied warranties of quality:  (1) may be excluded or modified by agreement of the parties; and  (2) shall be excluded by expressions of disclaimer, such as ''as is'', ''with all faults'', or other language that in common understanding calls the purchaser's attention to the exclusion of warranties.  (b) With respect to a purchaser of a time-share in a time-share unit that may be used as a dwelling or for recreational purposes, no general disclaimer of implied warranties of quality shall be effective, but a developer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law if the existence of the defect or failure entered into and became a part of the basis of the bargain.
MA Gen L ch 183b § 48 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 48 - Limitation of Actions for Breach of Warranties

Section 48. (a) A judicial proceeding for breach of any obligation arising under section forty-five or forty-six shall be commenced within four years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. With respect to a time-share unit that may be used as a dwelling or for recreational purposes, an agreement to reduce the period of limitation shall be evidenced by a separate instrument executed by the purchaser.  (b) Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach accrues, unless extended by agreement:  (1) as to a unit, at the time of the first transfer of a time-share therein by the seller to a bona fide purchaser; and  (2) as to other improvements, at the time each is completed.  (c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the property, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever first occurs.
MA Gen L ch 183b § 49 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 49 - Failure to Comply With Chapter

Section 49. If a developer or any other person subject to this chapter fails to comply with any provision of this chapter or of the time-share instrument, any person or class of persons adversely affected by the failure to comply shall have a claim for appropriate relief. A failure to comply with the provisions of this chapter shall be deemed an unfair or deceptive act or practice under chapter ninety-three A.
MA Gen L ch 183b § 50 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 50 - Improvements Not Required to Be Built

Section 50. If any improvement in the time-share property is not required to be built, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays said improvement unless the description or portrayal of the improvement shall be conspicuously labeled or identified as ''NEED NOT BE BUILT''.
MA Gen L ch 183b § 51 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 51 - Completion of Promised Improvements; Responsibility for Recording Deed or Notice

Section 51. (a) The developer shall complete all promised improvements described in the time-share instrument and promotional materials.  (b) Unless the purchaser of a time-share agrees in writing to record the evidence of his ownership of the time-share, the developer or the managing entity shall record the time-share deed or notice of time-share lease or time-share license, on behalf of the purchaser in the appropriate registry of deeds or land registration office for the district in which the time-share property is located within five days after the performance of the terms and conditions of the purchase and sale agreement or within six months of the date of contract to purchase whichever shall occur earlier. All representations made by the developer as of the date of delivery of the time-share deed or notice of time-share lease or license shall be true and correct on the date of recording said deed or notice by the developer.
MA Gen L ch 183b § 52 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 52 - Advertisements Including Prize Offer

Section 52. Any advertisement of a time-share property which includes the offer of a prize or other inducement shall prominently disclose the approximate fair market value, number of, and criteria to qualify for, each prize or inducement offered.
MA Gen L ch 183b § 55 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183b - Real Estate Time-Shares|Section 55 - Project Brokers

Section 55. (a) It shall be unlawful for any person to sell or offer to sell a time-share in the commonwealth unless the developer of the time-share property in which the time-share is located has designated a person as a project broker and said person is then serving as the project broker for the time-share property. The time-share property shall be considered a separate real estate office for purposes of the real estate licensing laws.  (b) It is unlawful for any person to engage in the business, act in the capacity of or advertise or assume to act as a project broker within the commonwealth unless such person is a licensed real estate broker under the laws of the commonwealth.
MA Gen L ch 183c § 1 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 1 - Title

Section 1. This chapter may be known and cited as the Predatory Home Loan Practices Act.
MA Gen L ch 183c § 3 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 3 - Certification From Counselor With Third-Party Nonprofit Organization

Section 3. A creditor may not make a high-cost home mortgage loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department of Housing and Urban Development, a housing financing agency of this state, or the regulatory agency which has jurisdiction over the creditor, that the borrower has received counseling on the advisability of the loan transaction. Counseling shall be allowed in whole or in part by telephonic means. The commissioner shall maintain a list of approved counseling programs. A high cost home mortgage loan originated by a lender in violation of this section shall not be enforceable. At or before closing a high cost home mortgage loan, the lender shall obtain evidence that the borrower has completed an approved counseling program.
MA Gen L ch 183c § 4 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 4 - Obligor's Ability to Make Payments; Presumption

Section 4. A lender shall not make a high-cost home mortgage loan unless the lender reasonably believes at the time the loan is consummated that 1 or more of the obligors, will be able to make the scheduled payments to repay the home loan based upon a consideration of the obligor's current and expected income, current and expected obligations, employment status, and other financial resources other than the borrower's equity in the dwelling which secures repayment of the loan.  There shall be a presumption that the borrower is able to make the scheduled payments if, at the time the loan is made, and based on the monthly payments as calculated based on the index plus the margin at the time the loan is made, in the case of loans with lower introductory rates: (1) the borrower's scheduled monthly payments on the loan, including principal, interest, taxes, insurance, and assessments, combined with the scheduled payments for all other debt, do not exceed 50 per cent of the borrowers documented and verified monthly gross income, if the borrower has sufficient residual income as defined in the guidelines established in 38 CFR 36.4337(e) and VA form 26–6393 to pay essential monthly expenses after paying the scheduled monthly payments and any additional debt.
MA Gen L ch 183c § 5 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 5 - Prepayment Fees and Penalties

Section 5. A high-cost home mortgage loan shall not contain any provision for prepayment fees or penalties.
MA Gen L ch 183c § 6 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 6 - Limitation on Financing of Points and Fees

Section 6. A high-cost home mortgage loan shall not include the financing of points and fees greater than 5 per cent of the total loan amount or $800, whichever is greater.
MA Gen L ch 183c § 7 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 7 - Interest Rate Increases

Section 7. A high-cost home mortgage loan shall not contain a provision that increases the interest rate after default. This section shall not apply to interest rate changes in a variable rate loan otherwise consistent with the home loan documents provided that the change in the interest rate is not triggered by the event of default or the acceleration of indebtedness.
MA Gen L ch 183c § 8 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 8 - Limitation on Scheduled Payments

Section 8. A high-cost home mortgage loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This subsection shall not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower.
MA Gen L ch 183c § 9 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 9 - Demand for Repayment

Section 9. A high-cost home mortgage loan shall not contain a demand feature that permits the lender to terminate the loan in advance of the original maturity date and to demand repayment of the entire outstanding balance, except in the following circumstances:  (1) there is fraud or material misrepresentation by the consumer in connection with the loan that is not induced by the lender, its employees, or agents;  (2) the consumer fails to meet the repayment terms of the agreement for any outstanding balance and after the consumer has been contacted in writing and afforded a reasonable opportunity to pay the outstanding balance as outlined within the repayment terms of the agreement; or  (3) there is any bona fide action or inaction by the consumer that adversely and materially affects the lender's security for the loan, or any right of the lender in such security as provided in the loan agreement.
MA Gen L ch 183c § 10 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 10 - Periodic Payment Schedule

Section 10. A high-cost home mortgage loan shall not contain a payment schedule with regular periodic payments such that the result is an increase in the principal amount.
MA Gen L ch 183c § 11 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 11 - No Fee to Modify or Defer Payment

Section 11. A lender shall not charge a borrower a fee or other charge to modify, renew, extend or amend a high-cost home mortgage loan or to defer a payment due under the terms of a high-cost home mortgage loan.
MA Gen L ch 183c § 12 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 12 - Consolidation of Payments

Section 12. A high-cost home mortgage loan shall not include terms pursuant to which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower.
MA Gen L ch 183c § 13 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 13 - Forum for Disputes

Section 13. Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a high cost home mortgage loan that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in the commonwealth where the borrower may otherwise properly bring a claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void.
MA Gen L ch 183c § 14 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 14 - Lender's Payment of Contractor

Section 14. A lender shall not pay a contractor under a home improvement contract from the proceeds of a high cost home mortgage loan other than (i) by an instrument payable to the borrower or jointly to the borrower and contractor, or (ii) at the election of the borrower, through a third party escrow agent in accordance with terms established in a written agreement signed by the borrower, the lender and the contractor before the disbursement of funds.
MA Gen L ch 183c § 16 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183c - Predatory Home Loan Practices|Section 16 - Default in Connection With Refinancing

Section 16. A lender shall not recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a high-cost home mortgage loan that refinances all or any portion of the existing loan or debt.