Do i need a real estate attorney

Asked over 1 year ago - Everett, MA

if a casino is approved in a location where residences are impacted and face potential buyout, how do the homeowners best protect themselves? i was told that they can't leave you with a mortgage but they don't have to offer top dollar. what about factors such as gas/mileage/commuting/schools/childcare? doesn't that get considered?

Attorney answers (5)

  1. Julie Court Molloy

    Contributor Level 15

    6

    Lawyers agree

    Answered . You should retain the services of an experienced real estate attorney with regard to your home.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on... more
  2. Scott D Rosenberg

    Contributor Level 15

    6

    Lawyers agree

    Answered . If the property is on a reservation, you really need to seek the advice of an expert in Native American law. It's just too narrow a question to find good answers here.

    If the property is being taken by the government, through what is called "Eminent Domain," the constitution directs that they can take the property for "reasonable compensation." You can certainly retain an attorney to negotiate up what the dollar figure is, but it is in general tied to the value of the property itself, rather than long-term expenses incidental to relocation as you suggest.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-... more
  3. Brian C. Snell

    Contributor Level 15

    3

    Lawyers agree

    Answered . I think that you might solicit better answers if you post this in a real estate section versus the estate planning section that it is posted.

    That said, it is my understanding that the casinos will all be privately operated, and not operated by the government or on reservations. I was under the impression that only the government could take property by eminent domain. Therefore, a private company buying your property is going to be looking to get the best deal possible, while you are going to be interested in the highest price possible. Regardless, the property is going to sell for somewhere around fair market value. Now because of the circumstances surrounding this sale, it is possible that you may be able to negotiate a higher than fair market value price since the casino operator really wants your property. I would suggest that you sit tight and wait for your offer. Once you get an offer, then retain counsel to assist you in the negotiations. Hiring a lawyer first is kind of like counting chickens before they hatch. Good Luck!

    *** LEGAL DISCLAIMER I am licensed to practice law in the Commonwealth of Massachusetts and have an office in... more
  4. Joshua N Robbins

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . I am sorry you are faced with this is.

    This is a broad and complex issue. An experienced real estate attorney can help you negotiate and navigate these matters with you.

    I wish you all the best.

    LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham.... more
  5. Gilbert F. Nason Jr.

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Find an attorney that is a skilled negotiator, they should be able to get you the most money.

    Gil Nason Nason Law 978-454-5719 www.fixthescales.com gil@fixthescales.com

Related Topics

Eminent domain and land use law

Eminent domain is the right of governments to take privately owned property for public use, without the owner's consent, but after paying “just compensation”.

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California Eminent Domain Guide

The Basics Eminent domain is the power of the government to take or condemn property for "public use," without the land owner's consent, upon paying just compensation. The "government"... more

Real estate

The term real estate means land and items permanently attached to it, like buildings. This area of law deals with who has the right to own and use these items.

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