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Massachusetts Agencies

License to Sell: Period of Validity


Under G.L.c. 204, §8 no license to sell shall be in force for more than one year.[1] Under Macy v. Raymond, 26 Mass. 285 (1830) this section has been interpreted to mean that a deed to a purchaser must be executed and delivered—but not necessarily recorded—within the year. Of course, recording of the deed within the year would be conclusive as to its delivery. G.L.c. 183, §5. Also, the date on a deed in prima facie evidence of its delivery. Lexington v. Ryder, 296 Mass. 566, 6 N.E.2d 828 (1937). Obviously, a statement in the deed—"signed, sealed and delivered this day"—or an account showing that the proceeds were received within the one-year period would clinch the matter. But I think the principle in Lexington is just as helpful, and can be relied upon as satisfying the statute. 

1 G.L.c. 204, §19 cures a late delivery, but it depends upon a sale by "public auction." Is that the case here?