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Massachusetts Contracts Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: I have a 1 year lease that automatically becomes a month to month agreement signed when I moved in. is that legal?

I moved in to this condo in Hudson MA in July of 2016 which says it is a 1 year contract and after it expires it becomes a month to month that was signed when I moved in 2016. (wasnt really sure what that meant) Is it legal for a 1 year contract to become a month to month without a second... View More

John Espinosa
John Espinosa
answered on Feb 20, 2018

When a lease expires, if the tenant remains and a new lease is not signed but the landlord is still accepting rent then it does generally become a tenancy at will, which is what month to month is. Here is a helpful resource that explains more:... View More

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2 Answers | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: My son and daughter in law signed a financial agreement to repay me $150000 over a period of 20 years.

They have not made any payments, what can I do, they live in Boston. The note says that the house that they purchased from me is security for the loan. I am 72 and need the money to live on.

John Espinosa
John Espinosa
answered on Feb 16, 2018

If the note you hold is also secured by a properly recorded mortgage, then you can foreclose. If there is no mortgage then the only recourse would be to sue them for default of the loan. You should hire an attorney either way.

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2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: HOw do I prorate a month of rent to a subletter renting mondays and wednesdays for 400/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 17, 2018

Unless agreed specifically, you prorate on the days of the month.

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1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: How is prorating calculated for office subletting when they are renting the space for 2 days per week, 400$/month.

I sublet office space and a subletter wants to start mid month, she wants to caclulate the prorated amount based on the days of the month while I think it should be based on the price per monday and wednesday, which would be 50$/day because there are 8 mondays and wednedays in the month and her... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 17, 2018

If you are renting the property for 2 days a week being Monday and Wednesday, then you would prorate at the number of Mondays and Wednesdays between the start date and the last day of the month.

1 Answer | Asked in Contracts for Massachusetts on
Q: If you sign a contract, but the other party does not fully disclose the costs agrees upon, is it still valid?

I have signed a contract to go with a group to a foreign country. In the contract specific items, such as 3 daily meals per day. Anything extra was to be paid for by yourself. The agreement was these meals would be paid for and taken care of once I paid the full amount. Now after I signed, they are... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 21, 2017

The contract is valid but VOIDABLE for misrepresentation. If the term of the contract says they pay for 3 meals a day, then they have to pay for it. The problem is they have your money and the issue is do you want to go with this company given the issues they have presented. It is customary to tip... View More

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Company claims I am bound b the terms of an unsigned contract.

If I started work for a company approximately 10 years ago, and was given a contract to sign. However I chose not to sign the initial contract. Approximately 5 years later the company came up with another contract. Again I did not read or sign the contract. I was not asked for a signed contract... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 19, 2017

There is a reason such contracts have to be in writing, non-compete agreements under MA law need to be in writing. Moreover, the second contract offered appears to lack consideration. While they have a legal argument, I believe they would lose absent a writing confirming your agreement to these... View More

1 Answer | Asked in Contracts and Intellectual Property for Massachusetts on
Q: I'm a songwriter. I write lyrics for a band. They want to have a formal contract where I get 10% of royalties. Fair?

They pay me a flat rate for each song, but now they are wanting to pay me 10% of the royalties they receive as well. Is this a fair deal?

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 15, 2017

Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: The building of my condo caught on fire. I would like to use my own contractor. Management said no.Is this legal?
Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Without reading your master deed or the association by-laws and rules it is impossible to be precise, but the answer is yes. Moreover there is likely a more important issue, the insurance carrier for the association is not going to deal with multiple contractors and claimants under its coverage. To... View More

1 Answer | Asked in Contracts and Family Law for Massachusetts on
Q: Please read and answer, very important

I am about to receive a settlement. I want to put at the very least 5k in the bank and not touch it. Here's my dilemma and question. I FILED my lawsuit in December 2016 BEFORE I got married. I got married February 28th 2017. My husband owes money in child support. I have helped him pay 28 k... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 12, 2017

Your funds are not subject to collection for your husbands child support. Open a separate savings or checking account and put the money away for your own use.

1 Answer | Asked in Business Law and Contracts for Massachusetts on
Q: Do all business contracts need to be signed to be enforceable, or can they be verbal?
John Espinosa
John Espinosa
answered on Dec 1, 2017

Although it is technically possible for a verbal contract to be enforceable under some circumstances, even then it is very difficult to prove so verbal contracts are not advisable. Best practice is for all business contracts to be in writing and reviewed by your own business attorney to ensure that... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... View More

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Massachusetts on
Q: Can a USA employer finance my Masters degree cost for F-1 Visa?

am from Bangladesh. I am graduating this year on December 2017. I am a freelancer and currently working for a USA firm for more than one year, as my BOSS is very happy with my work he wants to finance my Masters degree in the USA. He wants to give me a employee contract letter with 30K or funding... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 12, 2017

Yes. He should sit down with an immigration attorney to go over to process.

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: boss is making terminated employees sign an agreement not to apply for competitors. If refuse to sign agree what happen

I may get terminated from my job and my boss is forcing terminated employees to sign agreement to not go work for competitors if I refuse to sign agreement what can I expect

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 3, 2017

First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: I bought a travel trailer without a title

I bought a travel trailer and was told I didn't need a title for a travel trailer and that he didn't have it but could get it. Now he tells me he Never had it but the guy he bought it from has it. I'm just trying to get the title

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 28, 2017

You need for him to get you the title or return your money. Selling the trailer without providing the title is fraud and you might have a stolen trailer.

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: I am thinking about buying a house in Norton, MA with my cousin and his wife. Are there standardized contracts for this?
John Espinosa
John Espinosa
answered on Sep 25, 2017

You need to consult with a real estate attorney to discuss the details of your goals in order to figure out the best way to structure it legally. Do not try to do this yourself using a form contract because there are many different possibilities and you don't want to end up doing it in a way... View More

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1 Answer | Asked in Contracts and Collections for Massachusetts on
Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from... View More

1 Answer | Asked in Contracts for Massachusetts on
Q: what document i need from somebody who owes me money, to have a legal promise form him?

I borrowed money to my friend for rent (i paid rent for him), and he owes me $ 2605. He is moving out of town, and still does not have the money.

How should I formulate the statement he needs to sign, in order to have a legal promise from him, that he will pay me the amount owed?

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 29, 2017

Have him sign a promissory note for the amount.

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for Massachusetts on
Q: Who and where should I file a lawsuit against a company that is not in my state?

I was wondering who I should contact or just to go through small claims court in regards to a travel agency that promised to refund me and is giving the run-around as to why they can't refund me, after already promising to do so. Any information is greatly appreciated.

Will Blackton
Will Blackton
answered on Aug 29, 2017

If you signed a contract with the travel agency (most likely for your original transaction, not the refund), that contract may contain a provision regarding consent to jurisdiction and governing law. If that provision exists, contact an attorney in the state described in that provision.

If...
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1 Answer | Asked in Contracts for Massachusetts on
Q: can I sue for the return of an animal I gave away with a contract and changed my mind within the cooling off period
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 27, 2017

There's no cooling off period. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Business Formation, Business Law and Contracts for Massachusetts on
Q: Raising capital for a DE LLC with a Y-Combinator SAFE. Do I file anything to ensure investors are protected by IRC 1244?

The business meets all the qualifications of IRC 1244. I need to know if anything should be filed and with whom to offer the 1244 protection to investors. Also, I need to know what documentation should be retained and ultimately delivered to my investors if a loss is generated.

Jonathan R. Roth
Jonathan R. Roth
answered on May 4, 2017

To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.

(b)Common...
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