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MA Real Estate Law Questions and Answers

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TopicRepliesCreatedLast replysort icon
Capital gains tax
In 1996 I purchased a property from my parents and agreed to a life estate. At the time the property was worth $252,000. I purchased it for $160,000...
0 3 years 32 weeks ago
by pongmaster21
n/a
Late Apartment Rental Fees
Hey there. Not really sure where to post this but I was seeking some help on an issue. I live with a large group of guys and have rented an entire ...
0 3 years 33 weeks ago
by Anonymous
n/a
Neighbor's driveway on my land
I'm going to sell my home in the next year of so. I've known for three or four years now, since he put it in, that my neighbor's driveway is on my la...
1 3 years 33 weeks ago
by Swimming
3 years 33 weeks ago
by Kevin Gaughen Sr.
Can the Treasurer be held personally responsible?
Our condo association is made up of 32 units. Admittedly only 5 people attend the meetings regularly and those are the people on the board. Recently t...
0 3 years 35 weeks ago
by nightlifemp
n/a
Unmarried persons purchase property
If two unmarried persons buy property jointly, and both have their names on the deed, what happens to the property when one person dies. Both persons ...
1 3 years 35 weeks ago
by Melissa
3 years 35 weeks ago
by The Editor
Condo Association Repair Responsibilities
Event: Toilet leaks in Unit A and causes some water damage to Unit B and common area of building (condo association). There was NO negligence on the...
0 3 years 35 weeks ago
by bd
n/a
tenants at will
My family rents an in-law apartment with the actual owner/landlord living in the main house, we are tenants at will.Last month we were told to start l...
2 3 years 36 weeks ago
by kelleyhagen
3 years 35 weeks ago
by kelleyhagen
Condo - electrical/ac problem extends into common area/adjacent unit
I am a condo owner (garden style unit) and my central air stopped working almost 4 weeks ago. I have had an hvac repair tech and electrician look at ...
0 3 years 36 weeks ago
by cfrie
n/a
Can a spouse sue for half a home they do not own?
I purchased my home alone, mortgage, title, deed, downpayment are all in my name alone. My soon to be ex hired a lawyer that demands he be put on deed...
1 3 years 37 weeks ago
by Anonymous
3 years 37 weeks ago
by The Editor
Scope of Developers full responsibility?
A recent Building Envelope inspection of my condo development (completed as a result of the owners forcing the issue with the developer to look into t...
1 3 years 38 weeks ago
by WaterBearer
3 years 38 weeks ago
by The Editor
Foreclosure Title
Hello, I just bought a foreclosure property from public auction sale. The property has two mortgage on this. The lender foreclosing the property is...
0 3 years 38 weeks ago
by BruceBleg
n/a
Retaining Wall and Town use/abuse
I live in a small condo building, and we have a retaining wall behind our building. The wall runs past two other buildings as well. On the other sid...
0 3 years 38 weeks ago
by GlenG
n/a
MA Solar Access Laws
I am interested in opinions as to how to interpret the language in the MA Solar Access Law. Specifically in regards to the voiding of restrictive pro...
6 3 years 42 weeks ago
by Anonymous
3 years 38 weeks ago
by BostonSolarInstaller
Renter's rights in a flooded apartment
I rent an apartment in Brookline and last week we had some severe flooding that filled about 80% of our apartment with 6 inches of water. The water su...
1 3 years 39 weeks ago
by keara507
3 years 39 weeks ago
by The Editor
Can an exclusive easement of deck include the surrounding building walls?
My condo unit has the exclusive easement to a roof deck, which is framed by a low wall with railings on top. Now the association and I have different ...
1 3 years 40 weeks ago
by Anonymous
3 years 40 weeks ago
by The Editor
property lines - extend into lake?
I live on a lake, and my neighbor has anchored a floating raft that, if the wind blows my way, drifts over into water that abutts my property by about...
0 3 years 41 weeks ago
by gibba1234
n/a
property in trust - how to convey
Grantor of IR trust received parcel of land in return for transaction. Deed is into the trust. Beneficiary wishes to explore selling land to cease re ...
0 3 years 41 weeks ago
by visitorjune
n/a
183A Condominium Law
Does the state statute determine how condo fees are set for each unit, or is this done by the Master Deed? I had always thought condo dues were set b...
2 3 years 43 weeks ago
by votewithyourfeet
3 years 42 weeks ago
by smarcus
Condo assocation repair costs
I am a part of a 6 unit condo association. We are needing to do costly repairs to common areas. If we take out a loan on behalf of the condo associati...
0 3 years 42 weeks ago
by kabslp
n/a
Water and Sewer termination by township
The township is terminating my water service. I have not received prior notification they just posted notice to my door saying i had 12 days to pay i...
0 3 years 42 weeks ago
by ginad
n/a
Difficult Trustee
At a meeting held on 4/28/10 the majority of owners voted in two trustees. One of the trustees handles the books. An owner requested financials be s...
1 3 years 43 weeks ago
by Anonymous
3 years 43 weeks ago
by The Editor
Purchase and sale form for MA and contingency clauses
Thanks for your answer recently about putting contingency clauses in the Purchase and Sale. I think I know the answer to this (based on what you said...
1 3 years 43 weeks ago
by GBentley
3 years 43 weeks ago
by The Editor
Landlord leasing apartment out from under me
My 1 year lease is over on 8/15/2010. Last Wednesday, my landlord asked me if I wanted to stay. I told him I needed a week and he agreed. I called him...
0 3 years 43 weeks ago
by mrstryke
n/a
Should a condo association share in the cost to remove a roof deck to replace a roof?
We own the top floor of a three unit condo in an approximately 100 year old building which was renovated five years ago. I purchased the condo a litt...
2 3 years 46 weeks ago
by ptwob103
3 years 43 weeks ago
by Howard
Interpretation of Chapter 183A MGL, Section 18 : Improvements
We have a 3 unit condominimum trust. Its states in Chapter 183A, section of Massachusetts General Law that in order for the assessment to be covered b...
1 3 years 44 weeks ago
by onespeed63
3 years 44 weeks ago
by The Editor
Title Search Gone Awry...
What happens when a title search done in 2010 on one's home reveals a lien dating back to 1957 that was not discovered when the home was purchased in ...
5 3 years 44 weeks ago
by danfahey
3 years 44 weeks ago
by admin
Trees
My neighbor's trees are overhanging onto my property. One of them is knocking over part of our fence, and a dead one is in danger of falling on our h...
3 3 years 44 weeks ago
by kwinslow
3 years 44 weeks ago
by admin
Can a Seller rescind a verbal acceptance-- statute of frauds in MA?
Buyer accepted listing price and signed P&S agreement. Seller (on vacation and out of area) verbally accepted offer after refusing previous lower ...
1 3 years 44 weeks ago
by Gmijohn
3 years 44 weeks ago
by The Editor
Larceny in MA on shared property?
There are two separate units to our property that share a porch. Recently, a piece of furniture that was being stored on the porch caused an aesthetic...
1 3 years 45 weeks ago
by Anonymous
3 years 45 weeks ago
by The Editor
What determines "ordinary" vs "extraordinary" expenses with a condo assn?
A unit has a deck, and the condo docs say that unitowner is responsible for ordinary expenses associated with the deck but the association handles ext...
0 3 years 46 weeks ago
by danfahey
n/a
Refusing to allow phone wires
I own a condo on the third floor of a three story building. About a year ago Verizon Fios came in to feed the wires to the units for those of us that ...
0 3 years 46 weeks ago
by fdbolt
n/a
Mass General Law 266_120B: What if permission is granted but the landowner wants to delay the repair as it creates a hardship
If a landowner agrees that the abutter may come onto the property to repair a wall but feels that the schedule is a hardship and wants to them delay t...
0 3 years 46 weeks ago
by et-b
n/a
Title Insurance - Attorney relationship?
It was my understanding that for buyers title insurance, the buyer pays the premium fee, e.g. .375%/thousand and the insurance company then pays the c...
1 4 years 1 week ago
by Anonymous
3 years 48 weeks ago
by SigmanEsq
What are allowable damages for real estate misrepresentation under massachusetts law?
We had a signed purchase and sale for a house which had multiple items that were supposed to be completed by the seller and a few of which had a weath...
3 4 years 2 weeks ago
by mdshultz
3 years 48 weeks ago
by admin
Can I make an offer on a new home prior to executing a P&S on the home I'm selling?
More specifically, if the home inspection on the home I'm selling hasn't been done, can I make an offer on another home?
5 3 years 48 weeks ago
by danfahey
3 years 48 weeks ago
by The Editor
Roof condo project requests me to pay for $3000 of electrical improvements to my unit
First, I am sorry if this question is recorded somewhere. I posted it yesterday but could not find a record of it. I own a condo in a 30 unit build...
1 3 years 48 weeks ago
by Sheila Bogen
3 years 48 weeks ago
by The Editor
Developer foreclosure- no association exists
I am the only person who bought in to a 4 unit building. The developer controls the association and is renting the other 3 units. He is being foreclos...
0 3 years 48 weeks ago
by Anonymous
n/a
4 plus year long roof leak affecting habitability and "rentability" of condo
I own a top (third) floor condo in Cambridge, MA that I rent. Starting in Novemeber of 2006 - present 2010 the unit suffers from leaks when it rains. ...
1 3 years 48 weeks ago
by Sheila Bogen
3 years 48 weeks ago
by The Editor
is a skylight a window?
The Master Deed of our condomiminium association states the top floor unit stops at the lower surface of the roof rafters; and that windows are the re...
2 3 years 49 weeks ago
by sjg727
3 years 49 weeks ago
by sjg727
Homeowner's Insurance for nonmarried JTC?
My fiance and I are closing on a house(cash no mortgage) next month as joint-tenants where we will both reside. I called my current insurance agent an...
0 3 years 49 weeks ago
by Anonymous
n/a
Adverse possesion of section of a roadway
My property abuts a 93 foot section of roadway that went into probate in 1935. Since that time no one has taken claim to this section of roadway, and...
1 3 years 49 weeks ago
by Anonymous
3 years 49 weeks ago
by The Editor
dividing a single lot into two
My neighborhood was originally divided into all 10,000 Sq. ft lots, I own a 20,000 Sq. ft lot which both ends of the property are each on a dead end s...
0 3 years 50 weeks ago
by JMello78
n/a
Adverse Posession or Prescriptive Easement for Fence/Retaining Wall
I just bought and moved into my home 8 months ago. My next door neighbor decided to remove his fence last month because it was old and falling over....
1 3 years 50 weeks ago
by Anonymous
3 years 50 weeks ago
by The Editor
Negligent Board and Property Manager
The Board of Trustees of BH1 are neglectful and unresponsive to the unit owners needs. It has become apparent that the property manager (who lives in...
1 5 years 21 weeks ago
by BH1Resident
3 years 50 weeks ago
by lawyer1
co-ownership of real estate in MA
My cousin and I inherited a two family home in Massachusetts from our aunt. We do not get along very well and I don't want to own property with her, ...
1 3 years 51 weeks ago
by dent73
3 years 51 weeks ago
by The Editor
Required encroachment remedy?
My neighbor recently did a survey before installing a fence and found that a bit of property that was thought to be owned by me is actually on his lot...
1 3 years 52 weeks ago
by Anonymous
3 years 52 weeks ago
by The Editor
Condo Chimney Leak Repair
I own one unit in a two unit townhouse-style condo. I have a problem with leaks from the brick chimney caused by a cracked chimney crown and missing ...
1 4 years 5 days ago
by jillyfish2
4 years 4 days ago
by The Editor
Old and rotten tree on my property
I have a very old tree on my property that is rotten in one or two places. I don't think the thing is going to fall, but who knows. I like the tree....
1 4 years 6 days ago
by ElanMc
4 years 6 days ago
by The Editor
condo board recording requirements
Our association had its annual meeting in January 2010. All Board positions expired at that meeting, and there was not a quorum present to legally ele...
0 4 years 1 week ago
by Anonymous
n/a
MLS listing expires, then offer accepted from third party - required to pay commish to listing broker?
My house has been on MLS for a number of months and is due to expire soon. I've been contacted by a neighbor who has expressed interest in buying my ...
5 4 years 2 weeks ago
by waywargu
4 years 2 weeks ago
by scorpio11679
Buyer's Title Insurance coverage for encroachment?
Does buyer's title insurance cover any costs to remedy or defend against encroachment suits? I bought my house last year that has a relatively new st...
1 4 years 2 weeks ago
by Anonymous
4 years 2 weeks ago
by The Editor
Condo Law: Repair VS. Improvement
During a workshop a few years ago the participants were told by the lawyer conducting the workshop that by Massachusetts Statute to do a REPAIR only a...
1 4 years 2 weeks ago
by Anonymous
4 years 2 weeks ago
by The Editor
MA Adverse possession?
Does adverse possession in MA require continuity of ownership for either/both properties/owners? For example, for 20 years the owners of property A u...
1 4 years 2 weeks ago
by Anonymous
4 years 2 weeks ago
by The Editor
Condominium Maintenance - Failure to maintain property has caused unit damage
I own a condominium unit in a 2-unit, townhome style condominium. The roof above my unit leaked and caused interior damage to the ceiling in one of m...
1 4 years 3 weeks ago
by Maggie B
4 years 3 weeks ago
by The Editor
Protection of Property with Trust
What is the best way to protect our home from law suits? We put a the homestead act on the property after we bought it. That only protects I think $50...
0 4 years 3 weeks ago
by Anonymous
n/a
getting escrow money back
I enetered into a short sale agreement last october, did inspections on home, everything was fine. The short sale was accepted by the bank the day our...
0 4 years 3 weeks ago
by sapphire
n/a
Closing date on real estate sale in MA
In Massachusetts is there any legal requirement about the closing date chosen by the seller and buyer of real estate? Can it be a very short period l...
1 4 years 4 weeks ago
by SallyM76
4 years 4 weeks ago
by The Editor
What must a MA real estate broker or agent disclose to buyer?
A year ago I bought a condo in MA and later discovered that the downstairs neighbor played loud music almost every night. Very loud. What, exactly i...
1 4 years 5 weeks ago
by Anonymous
4 years 5 weeks ago
by The Editor
Landlord will not Return Security Deposit
In august, I started living in a house with no lease that was month to month. I signed no lease, nothing. The only papers I signed were the checks I g...
3 5 years 19 weeks ago
by Anonymous
4 years 6 weeks ago
by The Editor
Is it legal to remove the vent?
I am owner of condominiums and I have a written permission from the property manager to install vent and range hood so I did installed it. A year ...
1 4 years 7 weeks ago
by csps6789
4 years 6 weeks ago
by The Editor
Buyer Wouldn't Sign P&S - Can Seller Keep Deposit
We are selling our home for sale by owner. We received an offer, accepted it. The buyers completed a home inspection, we agreed upon repairs. Then ...
3 4 years 7 weeks ago
by srh
4 years 7 weeks ago
by The Editor
Homebuyer Tax Credit deadline - Is Offer to Purchase a binding contract?
The federal Homebuyer Tax Credit is applicable if both parties enter into a "binding contract" to buy a principal residence on or before April 30, 201...
2 4 years 8 weeks ago
by Anonymous
4 years 7 weeks ago
by Wagner
Selling a home that is in a state of disrepair
My elder parents have a large split-level home sitting on level 3-acre lot. Unfortunately, the home has never been properly maintained. There are se...
1 4 years 8 weeks ago
by Ryan
4 years 8 weeks ago
by The Editor
Getting my Deposit back before signing the P&S
I signed the offer to purchase real estate (a condo) and gave a deposit. After further thought I decided I did not want to purchase the place. I did...
1 4 years 9 weeks ago
by Anonymous
4 years 9 weeks ago
by The Editor
MA Condo Associations levying fines
I read a posting dated 8/15/2008 14:27 that answers the question can a Condo Association levy fines. The post says they cannot unless the fines were d...
1 4 years 10 weeks ago
by snoopy
4 years 10 weeks ago
by The Editor
Can my broker represent me instead of seller?
I know that in Massachusetts the broker represents the seller but can I negotiate with my current real estate broker so that she represents me rather ...
1 4 years 10 weeks ago
by Carol
4 years 10 weeks ago
by The Editor
All Condo Financial Records Intentionally Shredded
When the Board of Trustees switched mgmt. cos. the previous mgmt. co. shredded virtually every invoice, bank statement, canceled check, etc. according...
1 4 years 11 weeks ago
by gregparkave
4 years 11 weeks ago
by The Editor
Cost of making a deed in Massachusetts
I need to transfer my dad's property into my name (with his permission, of course). Can I do this myself? If not how much will an attorney charge to...
1 4 years 12 weeks ago
by Anonymous
4 years 12 weeks ago
by The Editor
40B Unit Owners on Board of Trustees
If stated in the Deed Rider that 25% of Board Members shall be Affordable Unit Owners if they are willing. Can the Board remove them by a vote just be...
0 4 years 13 weeks ago
by rmac01503
n/a
Living area calculation for MLS listing
My wife and I bought a contemporary tri-level home in Massachusetts in 2000. We are putting our home up for sale this year. When we bought the hom...
1 4 years 13 weeks ago
by Craig48
4 years 13 weeks ago
by The Editor
Are e-mails binding
We intially accepted a loosly worded offer, via e-mail, to sell our intrest in a family home.(the other parties also agreed to the offer). We, however...
0 4 years 14 weeks ago
by Anonymous
n/a
Can I use power of attorney to sign deed?
My dad is trying to sell his house (located in MA) but he lives in Florida now. I think we have a buyer and my dad is wondering if he can do a power ...
1 4 years 14 weeks ago
by Shell
4 years 14 weeks ago
by The Editor
Pets, tenant violating lease
I have a tenant that is violating his lease by having pets, he currently has 6 dogs, some kind of pocket puppy. He lets them go to the bathroom prett...
2 4 years 16 weeks ago
by Anonymous
4 years 16 weeks ago
by kevingaughenjr@...
Post bankruptcy and improper foreclosure
I had my ch 7 bankruptcy discharged in September of this year. I just found out my investment property that I included in my bankruptcy was improperly...
0 4 years 17 weeks ago
by Anonymous
n/a
Does short sale hurt my credit?
My wife and I are thinking about getting out now with a short sale before we lose the house. If we can arrange a short sale will that hurt our credit...
1 4 years 17 weeks ago
by Anonymous
4 years 17 weeks ago
by The Editor
Selling share of house to family members
Two siblings own a second home free and clear. One of the siblings would like to sell her share to three family members. We'd like to have the three p...
1 4 years 18 weeks ago
by GRA
4 years 18 weeks ago
by The Editor
Real estate broker said I don't need a lawyer
Just wondering about this one. I'm using a local broker to find a house in MA. I guess I agree with you when you say in some of your posts that peop...
1 4 years 19 weeks ago
by Padre50
4 years 19 weeks ago
by The Editor
What should Trustees do with non-payment of condo fees?
I am the head trustee for a 10 unit condo building in Massachusetts. One of the units went into a short sale and since the current owner has not been ...
1 4 years 21 weeks ago
by jkspup
4 years 20 weeks ago
by Kevin Gaughen Sr.
Carbon monoxide detectors when selling home in MA
I,m selling my home by myself without a broker and I need to know about the new carbon monoxide detector law in Massachusetts. Is it like the smoke d...
1 4 years 21 weeks ago
by Anonymous
4 years 21 weeks ago
by The Editor
Transfer Investment Condo into LLC with Mortgage but no Permission
Hello, I am trying to transfer a piece of investment property into an LLC. The mortage company, IndyMac, has stated that they do not allow this. El...
1 4 years 22 weeks ago
by Condo123
4 years 21 weeks ago
by James M. Ermini Esq.
Selective enforcement in 55+ condo complex
I live in a 55+ condo complex. The trustees here have refused to enforce the rules and provisions of the Trust vigorously and uniformly. They contin...
1 4 years 22 weeks ago
by aminklein
4 years 22 weeks ago
by The Editor
Burden to maintain easement?
I'm interested in buying a home (B) that shares a driveway with two other homes (A & C). I looked at the plot plans and the common drive (w/easements...
0 4 years 22 weeks ago
by Anonymous
n/a
easement misuse or overuse?
My property in front of my house is 60 feet. Just confirmed with a surveyor. However, without my knowledge.. never disclosed when I purchased my house...
1 4 years 22 weeks ago
by Anonymous
4 years 22 weeks ago
by The Editor
No Property Transfer Lead Paint Notification Form before P&S signed
We are buying a house and the seller did not provide the Property Transfer Lead Paint Notification form before signing the P&S. The sellers' attorney ...
2 4 years 23 weeks ago
by Grounded2
4 years 23 weeks ago
by Grounded2
Fraud by seller in Statement of Property Condition
I bought a condo from one of the trustees of the condo assoc. This trustee failed to disclose a window or wall leakage problem under this specific que...
1 4 years 23 weeks ago
by Anonymous
4 years 23 weeks ago
by The Editor
Military Fence abutting residential property
Good morning, I have two questions: 1. Is the military subject to any state or local laws regarding fences when they operate in residential area...
1 4 years 23 weeks ago
by russww
4 years 23 weeks ago
by The Editor
Temporary Turnaround
The front of our property has a temporary turnround. What does this mean? It is on a private rd with restrictive covenants that give us the right to ...
0 4 years 23 weeks ago
by franklin
n/a
Undue influence in signing quitclaim deed?
Less than six months ago I purchased a property with my boyfriend. During the process of procuring the home in their name, my boyfriend hit a roadbloc...
1 4 years 23 weeks ago
by Anonymous
4 years 23 weeks ago
by The Editor
Seller of Property refuses to meet closing dates
I signed a purchase & sales agreement back in August to purchase a single family home with a $5k deposit. All was good, inspections etc. Set the closi...
1 4 years 25 weeks ago
by jayare627
4 years 25 weeks ago
by The Editor
Normal deed type for home sale?
From the standpoint/interest of a BUYER, what type of deed is offered in most single-family real estate sales (quit-claim, grant, warranty )? How doe...
1 4 years 25 weeks ago
by Anonymous
4 years 25 weeks ago
by The Editor
Adjustor issue if Condo Master Insurance does not cover owner betterments?
I own one of 15 free-standing condo cottages on Cape Cod. Our by-laws currently require "all-in" coverage for our condominium Master Insurance. Any ad...
3 4 years 26 weeks ago
by Jackiemcq
4 years 26 weeks ago
by admin
Improvement vs a repair to condominium common property
My property management company decided that the existing fence at my condo needed to be replaced. Instead of fixing the current wood fence, they knock...
1 5 years 2 weeks ago
by dvecs07
4 years 27 weeks ago
by The Editor
How to resolve a dispute over exclusive use vs. shared use in 2-unit condo
There are two owners in a 2-unit condo in Cambridge, MA. The condo has a first floor unit and a second floor unit. The condo has 2 porches on the firs...
1 4 years 27 weeks ago
by pixielated
4 years 27 weeks ago
by The Editor
Condo guest parking
I rent in a developer- controlled condo building. The developer recently announced there is no more guest parking available. He will be using the only...
0 4 years 27 weeks ago
by 33catches
n/a
Should I take a smaller deposit from buyer with P & S?
We have a signed offer from a buyer but now she says (through real estate agent) that she can only do a 2.5% deposit when we execute the P & S. (The r...
1 4 years 28 weeks ago
by Anonymous
4 years 28 weeks ago
by The Editor
I am an agent who is leaving my company but they owe me $$
I am a commercial real estate agent in MA. I plan on leaving my company this month, but still have outstanding commission receivables. These com...
0 4 years 28 weeks ago
by rpmc79
n/a
Right of Way issue due to purchase after foreclosure
We recently purchased a home on a 3acre parcel in the middle of a larger 200acre parcel which at one time was owned by a single owner. Both propertie...
1 4 years 29 weeks ago
by chrisindalton
4 years 29 weeks ago
by The Editor
MA Condo Association Trustees
Is it legal for a non-unit-owner to be on the board of trustees? Currently live in a small condominium where 2 of the 3 Trust members are not deeded ...
0 4 years 29 weeks ago
by cpank
n/a
Seller wants to keep the earnest money even we didn't violate any contract
We put an offer to buy a house with mortgage contigency. While we didn't get the loan, so pull back from the deal. Now the seller wants to keep th...
3 4 years 29 weeks ago
by annie09
4 years 29 weeks ago
by The Editor
Evicting Burdensome Roommate
I have a friend who became my roommate. We had a verbal agreement where he was to pay me $100 a week and half of the utilities and in addition would d...
1 4 years 29 weeks ago
by burrows1
4 years 29 weeks ago
by admin

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