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Questions Answered by Christopher Tolley
1 Answer | Asked in Landlord - Tenant for Massachusetts on
Q: First time for me to rent out my extra room, I didn’t know I have to open escrow account, it’s over 4 months now. help.

Now the tenant try to take me to court for return security deposit

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

You have to return the security deposit within 30 days of the end of the tenancy. If you failed to do so, or you did not comply with the security deposit statute in other ways, you may be liable for damages. This is a useful review of the law regarding returning security deposits :... View More

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Massachusetts on
Q: Wheel adapter set bought through Amazon from this company and my rear wheel fell off while going 65. Want reimbursement

I’m not the only one this is happened to according to the reviews I imagine it was just poor quality material as I have pictures of everything. The bolt heads were sheared off. Minimal damage done to truck and nobody hurt, but money had to be paid for a rental and other expenditures.

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

Forward a demand to Amazon and the company for a refund and all your expenses. Depending on how much is at issue and how much they offer, consider accepting a settlement to avoid the hassle of small claims and having to chase them to collect. Otherwise, if they refuse to pay or do not make an... View More

1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Can one town foreclose if the property is in two separate communities and other town's taxes are current?

I bought a home that's 1/2 in 1 town and 1/2 in another - the dwelling is > 80% in Town A. Original mortgagee escrowed & paid property tax only to Town A. The mortgage has been transferred twice & modified once, & still the error wasn't discovered. Now, over 10 years in, I... View More

Christopher Tolley
Christopher Tolley
answered on Aug 19, 2022

I think Town B probably has a right to foreclose on its lien but my guess is it has not done so because of the issues you raised. Whether Town B does or does not foreclose, I do not see any alternative but your #1. I do not see the value of ignoring Town B. You already have no equity in the... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: I am living in a house that was just sold do the new owners have the right to do renovations in or outside of house
Christopher Tolley
Christopher Tolley
answered on Jul 9, 2022

Normally once a landlord leases premises the landlord cannot make changes to the leased premises without the tenant's permission. Your lease may give the landlord the right to make changes. Generally a landlord is permitted to enter leased premises to make repairs at reasonable times' on... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: Can a real estate seller trustee stop a sale after purchase & sale?

My wife and I made an offer on a house and signed a P&S. We discovered the property is in a trust and only trustee #1 signed the P&S. My attorney reviewed the trust and concluded only one trustee is required to sign. She conferred with the bank’s attorney and he came to the same... View More

Christopher Tolley
Christopher Tolley
answered on Jun 6, 2022

This is not the type of straightforward question well suited to a question and answer online forum. It appears there are issues with the trust and the trustees' powers that are specific to this situation. In other words, there is no standard answer to your question. I strongly suggest you... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: What does "full possession of the premises" mean in an MA real estate contract?

To us, "full possession of the premises" means we get the keys and can occupy the house. Our attorney said it just means the seller must move out and not reenter. How would one have full possession with no keys to the house?

Christopher Tolley
Christopher Tolley
answered on Jun 6, 2022

The phrase refers to the fact that you have a legal right to possession and the seller no longer has such a right. It does not address the practical issue of how physically you enter the property. Getting you the keys is something the real estate broker usually deals with.

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... View More

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... View More

2 Answers | Asked in Real Estate Law and Banking for Massachusetts on
Q: Regarding an indorsement of a promissory note, does the "no space" test only apply to the originally printed side?

Does the "no space" test include using the backside of the original promissory note for an indorsement if that side of the paper is blank? Is there a citation for the actual wording of the "no space" test?

A "no space" test is showing that there is no room on... View More

Christopher Tolley
Christopher Tolley
answered on May 9, 2022

Please explain what you mean by the "no space" test.

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1 Answer | Asked in Lemon Law and Consumer Law for Massachusetts on
Q: Can I sue a well reputable bmw dealership for selling me a car for lemon law back around 2018?

I purchased pre-certified 2015 bmw 535xi when it has 55k miles on it and now the car only has 62k miles on it in 2022. it broke down on me yesterday. It's barely driven for all these years and it breaks down (possibly the drivetrain).

Christopher Tolley
Christopher Tolley
answered on Apr 4, 2022

I think you may be out of luck. From the Massachusetts Lemon Law website:

Your Vehicle's Term of Protection

Your used vehicle has a set time frame during which it is eligible for repairs!

You vehicle is eligible for mandatory repairs if the defects occur during your...
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1 Answer | Asked in Consumer Law and Small Claims for Massachusetts on
Q: can i sue a well reputable debt collector for saying a credit card company is going to file a lawsuit against me?

MCM contacted me saying one of the debts i owe to a credit card company is now in collections but the guy threatening me that the credit card company is going to file a lawsuit against me, he didn't say if he had proof or anything and made me pay fast.

Christopher Tolley
Christopher Tolley
answered on Apr 1, 2022

Debt collectors are not supposed to threaten to file suit unless they actually intend to do so. However, if you owe the money and you are inclined to pay you may want to treat this as an opportunity to make a settlement favorable to you.

2 Answers | Asked in Consumer Law, Contracts and International Law for Massachusetts on
Q: Marriott hotel sublet the event hosting time slot paid my me to another party. Want to sue Marriott.

Marriott hotel in Kolkata, India was booked by us for a day to host my brother's marriage. Marriott sneaked in two more parties in our time slot before our events began and hence we could not decorate our event properly since other parties were still present. The time slot assigned to us was... View More

Christopher Tolley
Christopher Tolley
answered on Feb 7, 2022

Where did you sign the contract, in the US or in India? What does the contract say, (the terms and conditions may be online) do Indian or US laws apply? You can always write a demand letter to Marriott in the US. he worst they can do is say no.

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1 Answer | Asked in Consumer Law, Contracts, Collections and Lemon Law for Massachusetts on
Q: If I have a duplicate title to my vehicle and the spot for lien holder is empty could there still be a lien on my car?

The rmv website says no lien holder and on my title it only says my name and information nothing about a lien holder could there still be a lien holder on my vehicle?

Christopher Tolley
Christopher Tolley
answered on Jan 28, 2022

If this is a passenger vehicle, according to Massachusetts law, if there is no lienholder on the title, the secured party's interest, if any , has not been properly perfected and there is no lien on the vehicle.

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... View More

Christopher Tolley
Christopher Tolley
answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I sue neighbor for illegal activities bringing down home value?

Massachusetts absentee neighbor runs illegal boarding house. Has been cited by town several times but continues activities. I’m unable to sell home because buyers specifically mention the eyesore and illegal activity next door. Can I sue?

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2022

Sounds to me like you may have something to go on. I would find a qualified attorney to explore your course of action in more detail.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If my mortgage is in default, can I sell part of my land?

We are back $5,000 and have an offer of $25,000 for a part of our land

Christopher Tolley
Christopher Tolley
answered on Nov 8, 2021

You would have to obtain the permission of your current mortgage holder. They may not be willing to accept a partial payment in exchange for a release of part of the mortgaged land, and they certainly will not give a release unless you are current on the mortgage payments. They also might want to... View More

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Hello, I'm have an issue with a landlord that is not returning a deposit and it has been well over 30 days.

It was a month to month lease. No Damages. She has retained a lawyer. I have reached out to him, given him details last week via a text, he has not not responded to my calls or messages.

Christopher Tolley
Christopher Tolley
answered on Oct 14, 2021

Massachusetts security deposit (if that is what you are talking about) law is very favorable to the tenant, but there are very particular aspects to the law. Go to masslegalhelp and read up on a landlord's obligation to return a security deposit (if that is what you are talking about) If... View More

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1 Answer | Asked in Consumer Law for Massachusetts on
Q: What steps should I take if being sued by debt collector? I received letter to appear in court. I owe a portion of debt.

I do not have means to pay amount owed. May I offer settlement to be paid over time?

Christopher Tolley
Christopher Tolley
answered on Sep 20, 2021

Certain forms of income are exempt from collection. If you only have exempt income, the debt collector cannot collect funds from you. Exempt income includes, but is not limited to Federal old-age, survivors and disability payments, Supplementary Security Income (SSI) for the Aged, blind and... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been served papers re a credit card debt by mail with no date of service. Wondering how to calculate the 20 days.

I'm also confused about how to properly file the answer. I would appreciate some direction. Thank you.

Christopher Tolley
Christopher Tolley
answered on Sep 7, 2021

What is the date of the complaint you received? I would count the 20 days from that date. Your answer should contain numbered paragraphs corresponding to the numbered paragraphs of the complaint. You should also insert any affirmative defenses, such as, this is not my debt, I paid this in full,... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Is it required in MA to test and de-lead an old property (1800s) before renting it out?

We have a property (1800s) that we want to rent out. However, the presence/absence of lead is unknown. As landlords, are we required to test the presence of lead (and de-lead if found) before we rent it out? Can we have the tenants sign an agreement that it has been informed to them that it is... View More

Christopher Tolley
Christopher Tolley
answered on Jul 14, 2021

You are required to test for the presence of lead before you rent. You do not necessarily have to de-lead the property before renting, there are other ways to deal with lead paint. You cannot require tenants sign an agreement stating they accept the presence of lead on the property. This is a good... View More

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