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answered on Jul 20, 2020
Yes. To be enforceable, an agreement to sell real property must be in writing.
We are under non binding agreement with a builder/agency to build a new home. The land was supposed to be purchased months ago. We just found out the reason for the delay is the seller potentially trying to back out of the sale due to the tax implications to the town for selling. The agency has... View More 
answered on Jul 16, 2020
Your agreement with the seller governs what rights the seller has to back out of the deal and your rights to your deposit. This is not an ordinary purchase transaction and I strongly suggest you consult an attorney for a thorough review of all relevant documents.
It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... View More
answered on Jul 16, 2020
If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... View More
inspection already done. We are leaving appliances w house. Purchase and Sale agreement signed and will close in 3 weeks. We allowed buyers to have a decorator come in to measure, etc. Apparently, she saw a small amount of water by the fridge and wants us to have an appliance repair person come to... View More
answered on Jun 22, 2020
You do not have a legal duty to obtain the opinion of a professional if your P&S states you are selling the appliances 'as-is' at the time of inspection, reasonable wear and tear excepted, no warranties or representations.
To keep the peace, if you are still residing in the... View More
Hi, so I had a debt collector who called me seeking a payment. After negotiating back and forth I was going to make a payment on the account only to realize that would restart the loan. I did make a payment of $50 but had it reversed immediately and it doesn't show up in my banking account
answered on May 11, 2020
If the debt is otherwise time-barred, the creditor would have to file suit against you and allege that your reversed payment was agreeing to pay the debt. Based on what you say, you do not appear to have agreed to repay the debt.
Also, the creditor has to have informed you that the debt is... View More
It was for a debt paid off very difficult for me to get there. Thank you
answered on Mar 6, 2020
I do not see why you have to go to court in order to have the debt marked satisfied in full.Normally my office just sends the paperwork to the court indicating the debt has been paid. I suggest you call the clerk's office to get clarification as to the necessity of your appearance. You could... View More
I’m suing for non disclosure of a faulty major appliance, not disclosed during settlement nor was the appliance fixed during a 2 month rent back agreement period.
answered on Feb 17, 2020
Why do you want to sue the lawyer? Did he/she make any false statements or refuse to disclose the faulty major appliance when he would have been expected to? If not, I do not see the basis for a suit against the lawyer. Also, if you had an inspection of the premises that would have disclosed the... View More
The house is a short sale and I have to do something to protect challenges to the deed. I am not sure what the differences are between Title Insurance and Homestead in my state and not sure who to ask. The attorney I am dealing with for the closing is not helpful he just says I need both.
answered on Feb 14, 2020
Sorry, I agree with the closing attorney, both. A homestead protects your equity in the house. Recording a homestead is so inexpensive it's silly not to do it. The recording fee is $35 and all the MA registries have have forms online if you want to prepare the homestead yourself. Title... View More
Had no idea I had this against me, my husband use to take care of our finances and now he is deceased. A collection agency wants $7400 for a $2900 judgement. What can I do? Would like to clear this up but don't have $7000.
answered on Jan 29, 2020
If you want to respond aggressively, go into the court and file a motion to have the judgment vacated because did not receive notice of the case in 2007 (if that is true).
If you are willing and able to pay, tell the collection agency what you said above, that your husband handled your... View More
answered on Jan 13, 2020
If your objection is that the dismissal is without prejudice I do not think a judge will allow it. A dismissal with prejudice is an adjudication on the merits. Judges are reluctant to dismiss with prejudice when there has been no engagement on the issues of the case. (I assume the case has not... View More
I completed a foundation replacement on a property to stop the house from collapsing and the home owner is refusing to pay there final bill even tho the job passed all state inspections upon completion
answered on Jan 2, 2020
The Homestead Act itself does not. It may impact your ability to lien the house, however.
answered on Dec 30, 2019
First, check the wording of the deed to determine the type of ownership you held with your deceased mother. For example, the deed might say, "X and Y, as joint tenants" or "X and Y, tenants in common," etc. The type of tenancy determines to whom ownership of the property passes... View More
Hello, I received a noticed from my landlord that I am no longer able to use the basement for storage and I can no longer use/have my washer and dryer in the basement. Which is his right to denie me access as this is his house. Even though that's part of the reason I rented the house and it... View More
answered on Dec 18, 2019
I suggest you call the Section 8 people and see if there is something in the lease or their contract with the landlord that addresses this.
The warrant is evidently good for 1 year during daylight hours only. I have proof of defendant's continued address occupancy (signatures on USPS postal receipts within last 2 months), but is otherwise very good at dodging the sheriff. Person would be greatly happy when this expires, as could... View More
answered on Dec 13, 2019
You have to file a written motion for a new capias, mark it for hearing, give notice to the debtor, and surrender the old capias.
The previous owner did not disclose the missing sewer pipe connection and he pretent to be ignorant about it can i make him responsable and pay for it ,its a costly situation for me,who is responsable to fix this problem
answered on Nov 11, 2019
If the seller actively concealed the sewer pipe issue or failed to inform you of it when asked, you may have a right to recover from him. You should consult your own attorney and give him/her copies of all relevant documents to review.
He also had 2 classic cars, but the Probate Atty says that my sister gets them because they were parked in the garage of property a and the will lists that we receive the property and it's contents. Is this correct. If my Dad had died in the winter months, the cars wouldve been parked in... View More
answered on Nov 11, 2019
Normally courts give effect to written instruments according to their terms. The will said your sister receives Property A with its contents. Nothing you have said leads to the conclusion that your father had any other intention. Perhaps your father intended for your sister to receive the vehicles.... View More
Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... View More
answered on Oct 15, 2019
I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the... View More
The seller is based out of California, I live in Massachusetts, my friend who these were shipped to lives in New York, I bought the 4 pairs mid August, after getting in the shipment we found out 1 was fake right away, I refunded my friend $950, after waiting 3 weeks the seller sent a compensation... View More
answered on Sep 30, 2019
Keep after the seller online and by text, but if he/she does not respond, file a small claims complaint and seek multiple damages under G.L. c. 93A, the Massachusetts unfair and deceptive acts statute. The clerk may be willing to help you fill out the small claims form. If/when you get a judgment,... View More
My son is planning to assume the deed of his grandmother’s house which is paid for. The plan was to have them gift the house for $30,000 to my son or buy it for that amount. How would these options affect my son’s income taxes at the end of the year. The property is valued at $290,000.... View More
answered on Aug 20, 2019
An online Q & A forum like this one is not the place for advice about the disposition of a $290,000 asset. Find a lawyer versed in tax law or an accountant you trust.
I wasn’t really clear on what I was signing and it’s solely my name on all of the paperwork, also I wasn’t given a copy of it until after I verbally brought it up with the realtor a few days later.
answered on Aug 6, 2019
Not all owners of real property are required to sign a purchase and sale agreement. So long as your spouse signs the deed at the time of closing, you will have performed under the agreement. The problem for the buyer in this situation is that it cannot compel a sale because only one of two owners... View More
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