I was working on a home purchase offer. The home inspection was conducted and it revealed some issues. We informed the Seller's agent about the issues. The Seller gave us an option. He will reduce the price by 7K, and the sell the property AS IT I...
If you are looking to walk away from the transaction, then it probably makes sense to sign a release so you can promptly get your deposit back. Most real estate agents won't release a deposit unless a release is signed. You should have an attorney review the release to confirm that both parties will be released form all liability now and forever and that the underlying contract is void and null and of nor further force and effect. Since the release was provided to you by the seller's agent that seems to evidence their intent not to go forward with the transaction - that they are repudiating it - and that your obligations thereunder have ceased.See question
We live in a duplex with no condo association. My neighbor that shares the other unit next to me has been harassing my family since last fall. I took him to court to get a harassment order because he has called the cops on us 7 timess in the a 3...
As a practical matter, the fence may be of great benefit to you given your claims that your neighbor is harassing you and also to keep your dog contained limiting some of your exposure to potential liability caused by your dog. I would think that the fence will create some level of privacy that doesn't yet exist. If the fence is being placed in the common area, you should refer to your condominium bylaws and Master Deed regarding the rights and responsibilities of unit owners. If the fence is in an exclusive use area appurtenant to your neighbor's unit, they may be entitled to put up the fence. If not, you may be able to pursue injunctive relief restraining them from installing it. That said, this will cost you in legal fees and injunctive relief often requires the posting of a bond. Check you bylaws, maybe there is an arbitration provision that you can trigger in an attempt to resolve the matter peacefully and at a reduced cost. If your neighbor owns the property on which they are putting the fence, then it is well within their rights to do so. That said, the fencing must comply with applicable bylaws and regulations of the municipality in addition to the condominium documents. If the fence encroaches on your property, or is a spite fence, that is a different matter and you may also have recourse. I'm sorry you are experiencing this stress in your home and wish you the best of luck.See question
Currently hold residential real estate with another party, unmarried, but relationship is no longer amicable. Desire to sell, or at least sever relationship of property with other party, while they are not willing and placing road block. Propert...
Assuming the property is in Massachusetts and so long as you are not married to each other, either one of you can file a petition for partition in either the Land Court or the Probate Court. In a partition action, the court will order the property either be physically divided if it is advantageous to do so or order a sale (private, auction, etc.). The partition sale proceeds due each party would be offset by the parties' contribution, costs of sale and improvements made. A partition action is costly in that you will not only incur legal fees if you are represented by counsel, but you will also incur fees associated with a third party partition commissioner who will steer the matter to conclusion as well as costs of sale such as broker's commissions and/or auctioneer fees, excise tax, etc.. If you truly have reached an impasse, filing a partition petition my be helpful in the sense that the court may ask the parties to attend mediation, which may also help you resolve the matter in a cost effective manner. Best of luck to you.See question
I bought a house. I looked at the previous deed and the description is the same. All that changed is names and date and amount of money.
Unless the legal description for the property changed since the last deed, what your describing is pretty typical. Hopefully the attorney confirmed that there were no errors in the prior deed and also included a homestead release and proper notary clause. If you are concerned, you can always have another attorney review it.See question
The SA was signed back in 2015. The Quitclaim is filed, the retirement accounts divided, the alimony arrives (relatively) on time. I want my case file back. She would not be the attorney I'd use if Contempt occurred. Can I get my file?
You can certainly request a copy of your file from your attorney and they would be obligated to provide it to you. Another approach, in addition to getting a copy of your attorney's file, would be to go to the court in which the divorce was filed and obtain a copy of all pleadings, motions, financial statements, orders and judgment. That way you are certain you have the official record. Best of luck to you!See question
I have a vacation rental on Cape Cod and a perspective tenant is requesting to rent it year round, starting in June for a greatly reduced rate. This has some advantages, but only if the tenant pays all 12 months of rent. Can I charge a substanti...
I wasn't clear on whether you were requiring prepayment of rent up front. Although you may be calling the rental property a "vacation rental," it sounds like you have entered a gray area, given the length of the rental, in which the security deposit statute (M. G. L.c. 186, s. 15B) would be imposed. In which case, you are prevented from collected any more than first month's rent, last month's rent, a security deposit equal to first month's rent and the cost of a lock and key. As my colleague stated, late fees cannot be charged until rent is 30 day late. Reverse penalty clauses giving the tenant a discount if they pay by a certain date are illegal. Late fees cannot be unreasonable or excessive and must be tied to actual losses. It is better to start off on a clean slate, charge a market rate for the rental rather than to try to creatively obtain what you intended in the first instance, but didn't bargain for. Best of luck to you with your rental!See question
I want to hire lawyer to represent me in sale but want to limit the representation because I have a limited budget.
From the perspective of an attorney who regularly handles real estate transactions for sellers, a seller's attorney can do so much more than just drafting the Purchase and Sale Agreement and Deed, which are, in and of themselves, tasks that require negotiating skill, a good handle on the law and extensive knowledge of the process. A seller's attorney will coordinate getting liens released and obtain final utility readings, deal with tenants in the case of rental property, monitor contingencies, sign documents on a seller's behalf under a power of attorney and so on. The tasks depend on the type of property, whether a broker is involved and the experience of the selling party. Best of luck to you in the sale of your home!See question
I can't come up with the money upfront. Can a lawyer just tell the lender to cut them a check? Or does it work another way?
More often than not, the seller's attorney is paid out of the sale proceeds much like a broker's commission is paid. The seller and their attorney agree on the fee to be paid and at closing the closing attorney handling all of the funds cuts a check directly to the attorney. No up front costs unless there is an extraordinary title issue requiring more extensive work or there will not be sufficient sale proceeds to cover the fee. Good luck to you in the sale of your home!See question
I'm the seller
It is customary for the closing attorney (the attorney doing the bank work on behalf of the buyer's lender) or the buyer's attorney (if a cash transaction) to handle the recording of the deed. The recording fee is typically paid for by the buyer. If the seller does not have an attorney of their own, it is common practice for the closing attorney or buyer's attorney to prepare the deed on behalf of the seller and charge them a fee for doing so.See question
I've got two new tenants moving in on April 15th. One is local, the other is moving down from northern Maine. I want the agree signed before I hand out keys. But the person from northern Maine won't be moving in until a week after I'm suppose to h...
Contracts are routinely signed electronically. If you are concerned about the validity of the identification of the signer, be sure to request proof of ID. Before you distribute keys make sure all checks have cleared. And if you are collecting a security deposit, a word of caution. There are strict requirements including providing an apartment condition statement, receipts and depositing it in a separate, interest bearing account within a certain amount of time and then providing a receipt indicating the location of the bank to the tenant and account information. Consult with a landlord/tenant attorney if you have any questions. Best of luck!See question