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MA Real Estate Law Questions and Answers

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Real Estate Law compensation
can a visiting broker from another state receive a finders fee or receive a commission from a real estate transaction?
0 6 days 24 min ago
by jim guanci
n/a
2 unit condo abandoned - who's responsible?
I purchased at auction one unit of a two-unit condominium that was abandoned by it's original owner (he owned both units). The bank foreclosed on my s...
0 1 week 3 days ago
by mikefasci
n/a
Can a developer change the building size requirements in restrictive covenants
Builder has changed the minimum building size in restrictive covenants reducing the size by almost 1/3. The last section in the agreement states that ...
0 2 weeks 1 day ago
by duffy
n/a
Abandonment of right of way
Is there a law in Mass that gives a time limit on NON use of a right of way ?? Someone told me that if you do not use your right of way in 9 yrs that ...
2 2 weeks 3 days ago
by cgaspari
2 weeks 3 days ago
by Robert Nislick
Co-owners of a house
I am a beneficiary of a house (40%) along with my sister and her young son. She is living in the house with her 6 children and husband. We made an...
2 3 weeks 1 day ago
by tom315
3 weeks 19 hours ago
by tom315
Responsibility for landscaping bill
I purchased a house in Winchester MA (located in Middlesex County) at the end of May 2014. Last week the previous owner forwarded me a bill for lan...
0 3 weeks 3 days ago
by dh37
n/a
Back rent owed to new owner after sale of building?
My building where I reside was recently sold. I owe back rent to the previous owner. I was given an eviction notice for the back rent from the new own...
0 4 weeks 22 hours ago
by peiharkness
n/a
Challenging a rule that restricts the rental of Condo Units
Our Condo Association’s Deed contains a vague rule allowing the Trustees to restrict rentals. However, the details of the rule and how it is adminis...
0 4 weeks 5 days ago
by RER
n/a
Legal Basis to Sue Home Seller
My boyfriend and I purchased a home in Massachusetts in late July of this year. All of findings during the home inspection prior to closing were alleg...
1 5 weeks 4 days ago
by Smpower0504
5 weeks 4 days ago
by The Editor
Condo Insurance Law
Hello, I recently purchased a condo that suffered prior fire damage. A neighboring condo unit owner started the fire (I believe it was inproper usage/...
0 6 weeks 3 days ago
by Rob02184
n/a
Use of land for well easement
The property I own has three wells on it two are shared and two have easements. I share a well with one neighbor there is another well that my neighbo...
0 8 weeks 1 day ago
by brandylynn
n/a
Forming an HOA
I live in an established neighborhood with 5 homes and a shared private road. What is the process for forming an HOA in Middlesex county ?
0 8 weeks 6 days ago
by wgeorgelat@gmail.com
n/a
Neighbor destroying roots of my tree
Someone just recently bought my neighbor house and he is currently having a reconstruction on the house. I have a tree which is very close to the prop...
0 9 weeks 14 hours ago
by nodyerno123
n/a
Sue due to no rental license?
My roommate and I are renting a house on Cape Cod for the summer. Our landlord has lied about several things and is charging us an outrageous amount ...
1 10 weeks 1 day ago
by spazzers06
10 weeks 1 day ago
by The Editor
Shared Meter for utilities legal?
We moved into a house back in March. It is a large, older home with an 'in-law' in the basement that is not legal, but occupied by another man and wom...
1 10 weeks 3 days ago
by Bamboozled
10 weeks 2 days ago
by The Editor
Return of deposit for oral lease commercial space?
I recently rented an office space left a 550 deposit land cashed the check i cannot take the space due to illness i was up front w the land lord ...
0 10 weeks 6 days ago
by nappyhead
n/a
Disclosures for Purchasing Home
When one purchases a home in MA, I understand lead paint is a required disclosure. Are there any other required disclosures to potential buyers in MA?
1 10 weeks 6 days ago
by nachomendez
10 weeks 6 days ago
by The Editor
Wood Destroying Insect Inspections
My understanding is that in MA "home inspectors" have to be licensed and insured but that one does not have to have a license or certification to do a...
0 10 weeks 6 days ago
by nachomendez
n/a
Right to Insurance
Hello I posted about a month ago regarding an issue in which a plumber's error has led to a kitchen remodel. I received funds from my personal insu...
0 11 weeks 3 days ago
by Maureen S.
n/a
Condo book/resource recommendation
Can anyone recommend some books about owning a condo and being a trustee in a condo association? We just bought in a new building. There are 6 uni...
1 12 weeks 2 days ago
by gheissenberger
12 weeks 2 days ago
by The Editor
Can I sue real estate agent for fraud and misguiding?
I bought a single family house one and half years ago. My purpose is to rent out for investment. But there are a lot of things happened that I realize...
1 12 weeks 3 days ago
by body8combat
12 weeks 3 days ago
by The Editor
Adverse possession with underground utilities
There is a electric utility pole in my back yard, which supplies me with electric service and communication services, as well as my next door neighbor...
2 13 weeks 14 hours ago
by hamov57
13 weeks 6 hours ago
by hamov57
residential lease renewal
I lease a residential condo to my tenant on a yearly basis. There is a clause in the lease that requires the parties to give a minimum of 60 days noti...
1 13 weeks 1 day ago
by hamov57
13 weeks 1 day ago
by The Editor
Property dispute and adverse possession
I live in a home in MA There was a existing fence along the side property line and the backyard. I have lived here for over 25yrs. I have always kept ...
2 13 weeks 5 days ago
by BABS
13 weeks 5 days ago
by Robert Nislick
Are Condo Parking Easements Taxable?
Hello, I have owned a parking easement (non-deeded reserved parking in condo garage) in Boston for the past few years and have not been subject to ...
0 14 weeks 4 hours ago
by BARRJ
n/a
Report tenant to credit agencies?
My tenants moved out July 1st. They still owe $550 from their May rent. I used the security deposit for the last months rent of June. What can I do to...
1 14 weeks 1 day ago
by pensacola
14 weeks 22 hours ago
by The Editor
Is a real estate buyer required to have a broker?
I have always made offers on real estate without a broker, and often I can negotiate the price down based on the fact that the seller's broker will no...
2 2 years 24 weeks ago
by LarsErickson
14 weeks 2 days ago
by Alan D. Meyerson
Unit Owner Access to Insurance
I own a condo and need to file a claim with the Master Insurer. I have already had an adjuster covering my personal supplemental policy and the damage...
2 14 weeks 4 days ago
by MSM
14 weeks 3 days ago
by MSM
locked out and evicted from my business
I notified my landlord back in November that I would possibly be closing or selling my store and moving out. I was sending my landlord $500 bi-weekly ...
0 14 weeks 5 days ago
by RhondaS
n/a
Condo disputes with no officers of association?
I have a question. I am 1 of 2 condo owners of a duplex. i have been there 26 years. we have a condo master deed and doc, separate, governing most eve...
1 15 weeks 3 days ago
by paas14
15 weeks 1 day ago
by paas14
Accidentally broken window in condo common area
Hello, My fiance accidentally broke a small window while bringing in groceries. The window is part of the interior door leading into her condo's hall...
0 16 weeks 22 hours ago
by santihdz
n/a
Email agreed to renew the lease, legally binding?
I agreed with my landlord that I'll renew the lease for another year in email. But on the signing day, I got a job offer and decide to move out of sta...
0 16 weeks 1 day ago
by guogai
n/a
Power of Condo Trustees to set fees
Our trust reads as follows: 1. Powers and Duties of the Trustees. The Board of Trustees shall have all power necessary for the administration of the a...
5 18 weeks 23 hours ago
by Edge4414
16 weeks 3 days ago
by Boston Probate ...
Is my landlord responsible?
I am a tenant in a one bedroom apartment, second floor of a house. In late June, I noticed a small leak coming from the water heater. I called my...
3 5 years 51 weeks ago
by Erin
16 weeks 3 days ago
by admin
Tax Lien on a Home..Seeking Good Faith Deposit Returned
My husband and I recently were supposed to pass papers on a house on April 30th in MA. That day, 2 hours before close, our lawyer calls to say there i...
0 16 weeks 4 days ago
by NeedAHouse
n/a
Accepting a higher rent than advertised
We are new landlords and advertised our apartment at a rent that we now realize was too low. We were mobbed at the open house and now several people ...
1 16 weeks 6 days ago
by Kwaring548
16 weeks 5 days ago
by The Editor
Can seller breach purchase and sale agreement?
After the home inspection was done, it was written in the Purchase and Sales agreement that the electrical service needed to be updated and that the l...
2 17 weeks 2 days ago
by pjjp82
17 weeks 2 days ago
by The Editor
Neighbor harassment
This all started because my neighbor was trespassing on my property, dumping lawn clippings and cutting trees that were on my property. About a year a...
1 18 weeks 3 days ago
by kingston73
18 weeks 3 days ago
by The Editor
Condo Association Voting at a Special Meeting
My association put together a petition asking for a special meeting and acquired the amount of signatures required to call a special meeting. Our ass...
1 18 weeks 5 days ago
by MilosMom
18 weeks 3 days ago
by Boston Probate ...
Waiver of right to enforce condo rules
I am a member of a condo board in a massachusetts community with 150 unit owners. Canopys on decks are a violation of the rules of the condo docs. A h...
2 18 weeks 4 days ago
by estoppel
18 weeks 3 days ago
by Robert Nislick
Adding addition to condominium.
I purchased a townhouse condo and would like to expand the study room to become a second bedroom. Should I talk to trustee? or just get permit directl...
1 18 weeks 4 days ago
by Chiung
18 weeks 4 days ago
by The Editor
Short sale Nightmare Home
In May 2013, we put in an offer on a home that was a SHORT SALE. It was approved by the seller. In the winter, since we had no approval from the bank,...
0 18 weeks 5 days ago
by chevy3
n/a
Definition of Family for by laws
For the purpose of by-law language does anyone have a current definition of the word “family” that has been recently accepted by the AG? I realize...
0 19 weeks 5 hours ago
by Richard Foster
n/a
Condominium owner building fence in common area?
The next door neighbour of my townhouse unit makes me headache. According to the Trust, each owner has 50% interest of our common area. Now, my next d...
1 20 weeks 1 day ago
by Hugh35180
19 weeks 3 days ago
by Boston Probate ...
Rights of Co-Owners with Joint Tenancy
I co-own a single-family property with my sibling (owned in joint tenancy) and both parties have recently married; neither spouse is listed on the dee...
1 20 weeks 1 day ago
by kimmu512
19 weeks 3 days ago
by Boston Probate ...
Desperate with Damage from Neighbor's Trees
In 2011, my neighbor's tree fell down across my driveway - crushing both my automobiles, both were total losses. My homeowners insurance covered the m...
3 22 weeks 3 hours ago
by GreatFurry1
20 weeks 1 day ago
by Boston Probate ...
To add my name to our HOA account, next door does not cooperate. What can I do next
I bought a townhouse unit in May, 2013. Accordind to our condo documents, each owners should be one of the two trustees. We have a HOA account at Citi...
1 20 weeks 5 days ago
by Hugh35180
20 weeks 1 day ago
by Attorney Amarantes
Exposure of A Joint Tenant to debt of Other
If 2 siblings own a home as joint tenants with right of survivorship, and the State of Massachusetts puts a lien on the property for reimbursement o...
1 20 weeks 4 days ago
by mardec
20 weeks 1 day ago
by Boston Probate ...
Need Access to common space(basement) thru another property owners condo unit
This may be a tough one but we need help: We are part of a condo unit associations that has 3 commercial spaces and 1 residential space. We own th...
1 20 weeks 3 days ago
by maddash7
20 weeks 1 day ago
by Boston Probate ...
Proper notice re subtenants
In February of this year my wife and I were dealing with a rental agent for a company that was renting out a four bedroom apartment in Jamaica Plain i...
1 20 weeks 3 days ago
by CallidKP
20 weeks 3 days ago
by The Editor
Renting guest room in apartment building
I live in a big apartment building. Is it legal to rent a Guest room in the apartment building, I believe landlord not suppose to rent the guest room....
1 22 weeks 4 hours ago
by bglr.praveen
21 weeks 4 days ago
by The Editor
Unit Owner Running Daycare Out of Townhome
Hello, We have a 12 Unit complex where one unit owner has been running a daycare in her home for many years. We had a recent complaint (that has al...
1 22 weeks 2 days ago
by sldexter
22 weeks 1 day ago
by The Editor
Validity of mechanic's lien for repair work done
I hired a repairman to perform some work at my Massachusetts house. We entered into the contract verbally and by text message as I do not live in Mass...
0 24 weeks 3 days ago
by MassLandlord1970
n/a
lack of new construction soundproofing and new tenant's right to quiet
(First off, thank you so much for this forum!) I've just moved into a ground-floor apartment in an 1850's house that was gut-renovated and restored...
1 25 weeks 4 days ago
by anstice
25 weeks 4 days ago
by The Editor
30 day notice to vacate to end expiring lease
I am a new landlord with the first 12 month lease of my rental property coming to an end in about 42 days. This week I notified the tenants via email...
3 31 weeks 17 hours ago
by tedd07
27 weeks 6 days ago
by The Editor
Trustees of Condo Assoc living together - Conflict of Interest?
Hi, The Board of Trustees of my condo association consists of 5 members, two of whom are twin bothers who live together in a single unit. They have...
1 40 weeks 6 days ago
by AGillis
27 weeks 6 days ago
by Boston Probate ...
Can the Declarant/Developer of a condo association be replaced
The declarant of our condo association , currently the developer ,refuses to meet with the home owners after a petition was signed by 85% of the owner...
1 33 weeks 3 hours ago
by john petto
28 weeks 5 min ago
by Boston Probate ...
Structural problem with foundation
I purchased my home in July 2012. The home inspector mentioned that the foundations cracks were insubstantial and that every home has them. He briefly...
2 28 weeks 5 days ago
by mezick
28 weeks 29 min ago
by Boston Probate ...
Trustees voting on free condo fees
We are a 34 Unit Condo Complex in South Easton Ma. Two years ago our three trustees voted on their own to pay themselves for their services. Two Trus...
1 28 weeks 5 days ago
by boston6004
28 weeks 38 min ago
by Boston Probate ...
Who is responsible for repairs to a unit caused from the common area
I own and rent a one bedroom condominium on the ground floor of a 64 unit building that has two flat roofs. There have been a number of instances w...
1 33 weeks 4 days ago
by Tfeeney02056
33 weeks 3 days ago
by The Editor
Internet service for tenant
Hello, I would like to know if there is a responsibility on the landlord's part to provide internet service for the tenant? More specifically: ...
1 40 weeks 2 days ago
by Rocat
40 weeks 1 day ago
by The Editor
Short Sale and Bankruptcy
Bear with me,I have alot going on right now, part of which is that my wife had lost her job in June 2012, shortly thereafter she also decided she did ...
2 41 weeks 3 days ago
by Mac
41 weeks 2 days ago
by Mac
Seller breach purchase and sales contract
Hi all, i am in the process of buying a home. The seller broke the p & s contract. One day before the scheduled closing date, our closing attorney ...
1 42 weeks 5 days ago
by angelwingsncsu
42 weeks 4 days ago
by The Editor
MA town seeking to make border homes (<50% tax to town) ineligible for town schools
Our eastern MA town is suddenly wanting to reverse its policy on "intersecting" properties and school eligibility. Until now, homes (most built about...
0 45 weeks 4 days ago
by may1620
n/a
Garage rental eviction process
I'm renting 2 garages to a contractor. There is no written lease and he is a tenant at will. He owes me 6 months rent. What is the process of eviction...
0 46 weeks 2 hours ago
by Dolce1
n/a
Who must pay for door repairs in MA condo?
We live in a 2 condo unit. There is common front door for both units then individual door for each unit. All the doors are brown color and pretty old....
1 1 year 1 day ago
by jschen
1 year 1 day ago
by The Editor
right of way
I have just obtained a piece of property in southeastern Massachusetts. This property is landlocked because a railroad has separated it from the acces...
1 1 year 2 weeks ago
by Anonymous
1 year 2 weeks ago
by admin
MA Condominium damage caused by owner's dog
I'm a trustee who manages a small condo complex. There is an owner who has a dog (permitted per our by-laws), that he walks on the common grass areas ...
2 1 year 6 weeks ago
by jmarshall1
1 year 6 weeks ago
by jmarshall1
notice from tenant to vacate property
My tenant is on a month to month lease. The rent is due the first of every month. I received a notice from my tenant stating that they are going to va...
5 2 years 17 weeks ago
by jcam
1 year 7 weeks ago
by admin
Trustees of Condo Assn conflict of interest?
Trustees of mid-size condo association will not disclose individual and/or group contact information but instead want communications to go to Manageme...
1 1 year 10 weeks ago
by maitre
1 year 8 weeks ago
by TheLawyerKnows
driveway/utility easement in Massachusetts property
I own a house which was deeded and recorded with a driveway/utility easement for the 300+ feet of land over which I travel to get to my house. The eas...
4 1 year 10 weeks ago
by hgates
1 year 9 weeks ago
by hgates
Mold in MA apartment and tenant's legal options
After three attempts at remediation in my unit, resampling by a professional occupational health and safety company hired by my property manager is st...
4 1 year 10 weeks ago
by peonies
1 year 10 weeks ago
by The Editor
Does the landlord need a reason for not resigning a lease?
My wife and I have been living in the same apartment for the last six years. We now also have two small children. Our landlord has informed us that ...
1 1 year 10 weeks ago
by rp9974
1 year 10 weeks ago
by The Editor
Condo Association and owner has dementia
We are a 6 unit condo association. One of our owners appears to have developed dementia. She has started to have issues being safe - she left the ga...
2 1 year 12 weeks ago
by dmcathome
1 year 11 weeks ago
by dmcathome
how to handle show cause hearing criminal complaint lead paint in MA
When my friend bought an investment 4 unit house in Lynn he was given official letters signed by a lead inspector 10 years ago or so that there was no...
0 1 year 11 weeks ago
by puzzledlandlord
n/a
Condo Dispute
Hi all, I want to understand our legal rights in the situation below: We live in condo complex of 9 units all owner occupied. We have small cond...
1 1 year 16 weeks ago
by Somerville
1 year 12 weeks ago
by TheLawyerKnows
Condo Law Insurance
I own one unit –"A"- in a two unit association in Pembroke , Mass the building is a condex-two single family homes sharing a fire wall-no condo fe...
2 1 year 12 weeks ago
by donnac36
1 year 12 weeks ago
by The Editor
Condo unit owners insurance responsibility
I am the owner of one half of a duplex. The property has a master deed, and the Condo docs call for a master insurance policy. I purchased a policy f...
2 5 years 20 weeks ago
by tommyk
1 year 12 weeks ago
by donnac36
Broken Lease in MA- Tenant liable when higher rent sought by landlord?
We broke our lease. Landlord was given over a month's notice before the "break" date. They have had a number of realtors showing the place, but they a...
1 1 year 12 weeks ago
by dofplato
1 year 12 weeks ago
by The Editor
Can MA condo association collect deductible for damage after 2 years?
I own a condo unit that I rent out. Over 2 years ago my former tenant's child clogged the toilet and it overflowed. She left the premises so there was...
0 1 year 12 weeks ago
by tam_e_m
n/a
Waiver of rule re no pets in a MA condominium?
I own a condo whose master deed prohibits tenants from keeping dogs. This is a rule I didn't notice, I have a tenant living in the unit for the past 6...
1 1 year 13 weeks ago
by maowner
1 year 13 weeks ago
by TheLawyerKnows
Limits on renting a condominium in MA?
I would like to know if there is nothing in the By-Laws or the Master Deed or the Rules & Regulations regarding renting, can anyone stop me from r...
1 1 year 14 weeks ago
by Goatkiller
1 year 13 weeks ago
by The Editor
MA Tree and Property law ?
The bottom line is that in 2012 our problem neighbors,without having their property legally surveyed put in a replacement fence. In 2012 they also add...
4 1 year 14 weeks ago
by middle-aged
1 year 14 weeks ago
by middle-aged
Right of way overburden & access frequency
I own a property on a lake, at the top of my property is my driveway and my only access to my property. My neighbor has a right of way to ingress & ...
1 1 year 15 weeks ago
by RomieG
1 year 15 weeks ago
by The Editor
Right of Way that isn't in use
I own a property in Plymouth, MA that has a 20 foot easement/right of way with the landowner behind my property, that is not being used. It is current...
2 1 year 16 weeks ago
by vrenaut74
1 year 16 weeks ago
by vrenaut74
Condominium Owner Rights
Hello, I own a seasonal condominium on Cape Cod. My unit is off in the corner of the complex, somewhat apart from the others (it was built that way...
3 1 year 16 weeks ago
by simonsmom
1 year 16 weeks ago
by Simon's1stMom
Getting my offer to purchase money back from listing broker
Recently I gave a $1000 check with an offer to purchase a house. Offer was subject to a well test which I was responsible for paying. We did not have ...
1 1 year 16 weeks ago
by DennisKlimavich
1 year 16 weeks ago
by The Editor
Temporary Removal of Attachment on Home
Dear Ladies and Gentlemen I am trying to temporarily remove an attachment from a home for the purpose of refinancing. I am considering to ask the c...
1 1 year 16 weeks ago
by Eliane
1 year 16 weeks ago
by Local Lawyer
Tree branches impeding right of way
Hello; I live in a neighborhood where all the roads are private. The public still has the right to access the roads. According to the town we as ...
0 1 year 16 weeks ago
by Anonymous
n/a
Enforcement of 30 year old Neighbors' Land Court Agreement
Our condo association and the neighboring property owner share a common driveway and some landscaped area facing the street. In 1983, the neighbor ap...
0 1 year 17 weeks ago
by snoonan
n/a
Title Insurance: Lender gets the most benefit?
During closing, as recommend by my lawyer, I also bought a owner's title insurance. Recently, I found out that there is a defect on the property and ...
1 1 year 20 weeks ago
by peterw617
1 year 17 weeks ago
by TheLawyerKnows
Are trees subject to setback laws
Neighbor moved in 30 days ago and has been rapidly making improvements to property - a good thing. The distance between our houses is approx 22 ft wi...
2 1 year 17 weeks ago
by tulipsmoran
1 year 17 weeks ago
by tulipsmoran
Landlord isn't answering if we can renew
I have a lease that ends on July 31 that specified that the tenants must give 60 days notice to renew or move out (June 1). Around May 25, we sent the...
1 1 year 19 weeks ago
by renterfornotmuc...
1 year 17 weeks ago
by Local Lawyer
Buyer backing out of sale of Condo in MA
If I listed my condo as a 1 bedroom that is 579 square feet and the condo association says it is a studio, but the building inspector says it is a leg...
1 1 year 19 weeks ago
by larzo
1 year 17 weeks ago
by Local Lawyer
Should I refuse to pay the whole amount of money?
Few months ago, the building had a water bill that reached some thousand dollars according to the trustees. I found a leak outside my unit (2nd floor)...
0 1 year 17 weeks ago
by Hangle
n/a
Tenant Moved in Boyfriend, Is He a Trespasser or Tenant??
Hi, I have a section 8 tenant who has moved in her boyfriend which is in violation of both my lease and her housing lease. I could evict her on tho...
1 1 year 18 weeks ago
by patty280
1 year 18 weeks ago
by The Editor
Criteria for abandonment of a right of way under Massachusetts law
There is a right-of-way through my parents land in MA that is 1/8 of a mile long and eight feet wide. This right of way has not been used in 30 years ...
3 1 year 18 weeks ago
by oldroad
1 year 18 weeks ago
by The Editor
Commercial Tenancy with no lease, what are my rights?
I entered into a 6 month commercial lease through a Realtor, the lease has since run its course. The Realtor told the landlord that my business was le...
1 1 year 19 weeks ago
by HighEnergyVintage
1 year 19 weeks ago
by Boston Probate ...
Out of state will for MA estate of deceased person
Hello, I am NOT an attorney and I am selling my property and buyer's attorney informed that a previous owner couple had tenancy in common. The guy di...
1 1 year 19 weeks ago
by rguru
1 year 19 weeks ago
by Boston Probate ...
MA law on warranty deeds and amending warranty deeds
1. Is it illegal in the state of Massachusetts for recording offices to record warranty deeds? 2.Also, is there a state law in Massachusetts that s...
1 1 year 20 weeks ago
by Tevans
1 year 19 weeks ago
by TheLawyerKnows

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