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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: We moved from Woburn to Danvers. The Woburn owners are giving us problems. I'm 77 years old and don't know what to do

There are three issues to be addressed. The failure to present us with the Security Deposit Bank Statement identify the bank, account #, amount of deposit and interest rate. Housing law says that if the landlord does not present this to the tenant within 30 days of payment, the default rate of 5%... View More

0 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: Could my sil and my bil get inside my house without my authorization, and start to packing everything,?

My husband got arrested and give to the sister the power of attorney to sell the house, they are coming in and out the house without my permission and taking things away

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Massachusetts on
Q: I got a 30 day notice to quit can I just move out without giving a 30 days notice?
James L. Arrasmith
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answered on Sep 30, 2024

When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Unclaimed Deposit to Bind Still in Escrow after Three Years

We sold our home in June 2021. We accepted an offer and have a signed OFFER TO PURCHASE REAL ESTATE agreement. The prospective buyer put down a binding deposit. Before the offer expired buyer backed out due to a family disagreement. We eventually sold the home. My RE agent and his attorney reached... View More

Christopher Tolley
Christopher Tolley
answered on Sep 23, 2024

It is unclear from your note what the circumstances were at the time the buyer backed out so it is difficult to tell whether the sentence you quoted unequivocally gives you a right to the deposit. Practically, brokers are reluctant to release deposits of this kind without all parties'... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Massachusetts on
Q: PLEASE HELP TRANSFERRING MY CASE FROM HOUSING COURT TO SUPERIOR COURT

My home was illegally foreclosed in 8/19/19 and then sold in an online auction in 11/15/19 while in the middle of litigation between the bank and myself. The 3rd party brought SP. Judge Winik from the start has assumed that plaintiff has the right to title. He asked me if I maintain the house by... View More

James L. Arrasmith
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answered on Jul 27, 2024

To transfer your case from Housing Court to Superior Court, you need to file a motion to transfer jurisdiction. This motion should include a detailed explanation of why the Superior Court is the appropriate venue, emphasizing any legal or procedural errors made by the Housing Court, such as the... View More

1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Massachusetts on
Q: Does a commercial lease agreement & term truly end if the landlord does not extend the lease term of a tenant?

Id like to know:

1) Does a commercial lease agreement & term truly expire to allow the landlord to take complete repossession of a leased space at the end of the lease term even though the tenant would like to stay as tenant for a longer period, the tenant does not have a option to... View More

Christopher Tolley
Christopher Tolley
answered on May 6, 2024

1) If the lease does not give the tenant some mechanism for extending the lease term such as an additional term, option to renew, etc., once the lease expires, the tenant no longer has a right to occupy the premises. The landlord is not permitted to perform a 'self help' eviction however... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a board of trustee of a cordiaminum prohibit washers and dryers in the units (they have hook-ups)?

Good afternoon: I just purchased a condo (apartment) and the trustee says washers and dryers are not allowed in the building. The trustee just says that the owners voted and except for 2 apartments, the rest of the owners voted against washer and dryer in the building. I am wondering if this... View More

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

I have never heard of a condominium prohibiting washers and dryers. I would think you would have explored that in the process of buying the condo. I took a quick look a the statute and I found nothing stating one way or the other the permissibility of washers and dryers. Is it that they are... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the... View More

1 Answer | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: Could I get sued by a real estate agent for not paying their broker fee?

Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:

- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Real Estate Law and Tax Law for Massachusetts on
Q: Claiming "Senior Circuit breaker" Tax Credit with Multiple people on deed

My mother in law use to claim the massachsuetts "Senior Circuit Breaker" Credit on her taxes for years (She is 92). Last year after her stroke she revised her will and put myself and my husband on the deed to the house with here via quitclaim deed and retaining life estate (so technically... View More

James L. Arrasmith
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answered on Jan 22, 2024

In Massachusetts, the Senior Circuit Breaker Tax Credit is designed for senior citizens who meet certain criteria, including property ownership and occupancy. Even though the deed to the house now includes you and your husband, the fact that your mother-in-law retains a life estate means she still... View More

2 Answers | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I bought my home in 2019.Refinanced 2021 and added BF to all aspects of loan.i have equity. what is he entitled to?

prior to him signing i had already gained $160k of equity. If we were to sell is he only entitled to what was gained from Refinance till now?

Christopher Tolley
Christopher Tolley
answered on Jan 22, 2024

What was your agreement with your BF when he signed the loan documents in 2021? Did you convey title to him or did he merely sign the new mortgage? What, if anything, did he pay you for an interest in the property? Has he paid any mortgage payments, contributed to the upkeep and maintenance of the... View More

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2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: I am in Massachusetts and want to sell my half of real property inherited to my sister. But for her to do that I need

to hold the mortgage until interest rates come down. Is a mortgage deed the best way to do this?

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

Your question is not clear. Generally, two persons cannot be forces to hold title to real property together. When one wants to sell, and the other does, not a Petition to Partition is filed and the court will then appoint a commissioner either divide the land, if possible to do so, or to sell the... View More

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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Massachusetts on
Q: I have an order from a judge that states my tenant has 14 days to vacate.

The sheriffs office told me that they charge $3500 to remove him if he doesn’t leave.

That seems very expensive, especially since I’m evicting a non paying tenant.

Thank you

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

I do not understand the actual question. Once you receive an execution for possession, it needs to be served and the sheriff (or constable) need to oversee the removal of the tenants personal property from the leased premise by a moving company and stored in a bonded storage facility. This is all... View More

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Massachusetts on
Q: My siblings and I recently inherited our parents’ house after they died. One of my brothers wants to purchase the house.

If the house is appraised at $450,000, does my brother pay me and my other sibling ⅓ each ($150,000) or ½ each ($225,000)? Since he will be owning the house and could turn around and sell it at any time, does he also get a portion (1/3) of its value? Is that getting two bites of the proverbial... View More

Phil A. Taylor
Phil A. Taylor
answered on Jan 15, 2024

If you and your siblings each now own a 1/3 interest in the property and one sibling wants to purchase your interest and the interest of the other sibling, then the sibling would pay 2/3 of the fair market value (give or take depending on how the other costs, savings are addressed). The sibling... View More

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Planning to close a home which was under probate The probate estate decree has spelled wrong town with correct zip code

street name and house number. Will it be a problem in future? It is just the town was wrong in the property details.

Christopher Tolley
Christopher Tolley
answered on Jan 2, 2024

This is a question for your attorney, the closing attorney, or the attorney that obtained the probate sale papers. Why take the risk? Have it correctd.

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