Richard D. Vetstein’s Answers

Richard D. Vetstein

Framingham Real Estate Attorney.

Contributor Level 7
  1. Attorney fee to review Purchase and Sales Agreement in MA

    Answered 4 months ago.

    1. Michael J. Szklasz
    2. Richard D. Vetstein
    3. Henry Lebensbaum
    4. Estela Matta
    5. Shaye Larkin
    6. ···
    6 lawyer answers

    As the only real estate conveyancing attorney who is answering this question, the question of whether a buyer can afford and should spend the money to hire his/her own counsel is a legitimate question which comes up all the time. No need to respond in a condescending manner as some of you have done. I've handled over 5,000 real estate transactions over 15 years, and of course I will say that it pays to have an attorney review the purchase and sale agreement. If the client is financing the...

    Selected as best answer

  2. One corner of my lot is encroached by both fences of my rear and next door neighbors' . How can I force them move their fences?

    Answered about 1 month ago.

    1. Michael J. Tobin
    2. Herbert Warren Cooper IV
    3. Richard D. Vetstein
    3 lawyer answers

    First thing is to confirm the encroachment with a reliable instrument survey. Once that is done, you should have an attorney issue the neighbor a formal trespass notice pursuant to General Laws chapter 266, section 120, served by constable and copied to the local police department. The neighbor may, however, make a claim for adverse possession under which they could claim ownership of the disputed area if they used it openly for 20 or more years. If that is the case, you are most likely...

    1 lawyer agreed with this answer

  3. In Massachusetts can a landlord evict a tenant for smoking marijuana

    Answered 3 months ago.

    1. Richard D. Vetstein
    2. Michael A. Satterwhite
    3. Adam Peter Phipps
    3 lawyer answers

    This very issue will be considered by the Mass. SJC next week in the case of TRENEA FIGGS vs. BOSTON HOUSING AUTHORITY, SJC-11532. Because the possession of under an ounce of pot is now simply a civil infraction, my guess is that the court will rule that smoking pot in and of itself cannot be a violation of the lease, unless it becomes a legal nuisance to other tenants. Folks with medical marijuana cards will be protected by the disability laws and given the benefit of reasonable accomodations....

    1 lawyer agreed with this answer

  4. Adverse possession claim in Massachusetts. Owner of property for 12 years and brother in law owned for 12 years since 1989.

    Answered 6 months ago.

    1. Richard D. Vetstein
    2. Keith G Langer
    2 lawyer answers

    Yes, this would be tacking assuming that the brother in law held record title to the premises. Adverse possession, however, encompasses several elements which must be established in court: open, adverse, continuous, notorious and exclusive use. Adverse possession claims are very fact intensive and fairly expensive to litigate. For more info, please go to my blog at www.massrealestatelawblog.com/category/adverse-possession. I have a substantial amount of experience including trials and appeals...

    1 lawyer agreed with this answer

  5. Are new homebuyers required to honor old leases made prior to property sale?

    Answered 10 months ago.

    1. Michael J. Tobin
    2. Richard D. Vetstein
    3. Christopher W. Vaughn-Martel
    3 lawyer answers

    Attorney Tobin is correct. New owners assume all lease obligations of existing tenants at closing. However, if the tenancy is one at will, the new owners would be able to terminate the tenancy upon 30 days written notice.

    1 lawyer agreed with this answer

  6. A pipe leaked that the association owns damaged my unit who fixes damage? The man. co. has fixed pipe but not sheetrock damage

    Answered 11 months ago.

    1. Christopher W. Vaughn-Martel
    2. Steven Kelsey Hemingway
    3. Constantine T Mariolis
    4. Richard D. Vetstein
    4 lawyer answers

    I agree with the responses above, and I'll add that typically a claim is made on the master insurance policy which pays out damage to both the common area and the unit. However, beware of deductible limits and restrictions in the condo docs which could affect a unit owner's recovery. There are typically insurance provisions in the declaration of trust/by-laws that should be reviewed. The unit owner hopefully has his own HO-6 policy covering interior damage. Best to let the insurance companies...