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Massachusetts Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: My father had 3 or 4 strokes less than a month before signing to sell his house now they are taking him to court for it
Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 2, 2023

Assuming that your father is a Massachusetts resident for his thumbnail response: Your father may well have been infirm and not competent to enter into the sale agreement in which case an Equity case on his behalf should be commenced along with a Guardianship and Conservatorship petition... Read more »

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... Read more »

William J. Amann
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answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... Read more »

2 Answers | Asked in Tax Law and Contracts for Massachusetts on
Q: Is certificate required for septic repair?

Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

In general, a certificate is not always required for septic repairs in order to claim a tax credit or deduction. However, the specific requirements may vary depending on the state or municipality where the property is located.

In Massachusetts, for example, a Title 5 inspection and...
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2 Answers | Asked in Tax Law and Contracts for Massachusetts on
Q: Is certificate required for septic repair?

Spent $5k on septic repair when wastewater flooded the yard from the leach field. I wasn't given a certificate. Is one always needed to claim the credit? This wasn't a simple drain clog and the entire leech field was dug up, cleaned up, and soil replaced. I have a detailed invoice and... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 23, 2023

I don't think you need a new Title V cert. unless you are selling the house. The system has to have 'failed' in order for you to claim the credit. https://www.mass.gov/service-details/view-residential-property-tax-credits. I would contact the DEP or ask your accountant when you file... Read more »

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2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... Read more »

Christopher Tolley
Christopher Tolley
answered on Dec 6, 2022

I suggest you review the contract you have with the builder. It should state the circumstances under which the builder is entitled to full and final payment. It may give you a right to withhold payment pending completion of repairs per your request. Frequently building contracts have a provision... Read more »

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2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 6, 2022

The contracts should be reviewed and you should have counsel involved as there are a lot of moving parts. Construction is a legal specialty by the way and not for the pro se dabbler unless you are willing to take the lumps you may be in for!!

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1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

William J. Amann
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answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

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... Read 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.

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: If a real estate contract states certain property to be conveyed 90 days after sale can it be conveyed 21 years later?

Without informing me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2021

There seems to be a Purchase and Sale Agreement you are talking about? If so there would be a closing date for transfer of title. The 21 years later part of your question makes no sense and your statement "without informing me" makes no sense .

1 Answer | Asked in Contracts and Real Estate Law for Massachusetts on
Q: I am looking to buy a house but, I am leasing an apartment in Andover,MA. Am I allowed to break a lease without penalty?

Am I allowed to break the lease to my apartment if I find my dream house while while my lease is yet to reach the date of termination and not have the landlord charge me rent for the remainder of my lease?

Richard Gaudet
Richard Gaudet
answered on Apr 9, 2021

Typically no. The terms of a lease, if the terms follow Mass law will likely hold, and a breach of those terms will likely result in the breaching side owing any penalties due under the lease. On the other hand, if the landlord is not providing habitable conditions, or violating Mass law relative... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Massachusetts on
Q: Could an associate of a law firm like Latham & Watkins provide legal services outside of their law firm?

For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... Read more »

Richard Gaudet
Richard Gaudet
answered on Mar 26, 2021

The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Elder Law for Massachusetts on
Q: My mothers name on the deed to my grandfather's house but his will says its left to me

Would the house still fall under part of his estate

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 20, 2021

While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without... Read more »

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1 Answer | Asked in Contracts for Massachusetts on
Q: Hi I have a contact that I need to be reviewed
Tim Akpinar
Tim Akpinar
answered on Dec 7, 2020

A Massachusetts attorney could advise best, but your question remains open for two weeks. The format of this board is basic Q & A; it isn't really set up for uploading attachments of documents. You could reach out to attorneys in your area (there is a Find-a-Lawyer tab above) to discuss... Read more »

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Hi I have been working for a temp agency since December 2019. I am working at a retail store in Massachusetts.

The temp agency is out of New York. I know that New York does not offer time and a half on Sunday's, but I was wondering since I am working at a retail store here in Massachusetts should I be getting paid time and a half? I know there is some law about time and a half on Sundays working in... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 25, 2020

Federal law only requires that you be paid time and a half for all hours worked over 40 in a workweek (regardless of which days you work). While your employer may offer time and a half or increased pay on weekends as an incentive to work these days, they are not required to do so.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Entertainment / Sports for Massachusetts on
Q: Fitness training company charging me for services that were not provided. What are my options?

I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... Read more »

Christopher Tolley
Christopher Tolley
answered on Oct 9, 2020

Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 24, 2020

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

2 Answers | Asked in Contracts and Real Estate Law for Massachusetts on
Q: signed a lease agreement with 2 other roommates. 2 of us wanna move out now can we break the lease without the consent

break the lease without the consent of the 3rd roommate?

Christopher Tolley
Christopher Tolley
answered on Sep 4, 2020

If you signed the lease, you move out before the lease ends, and you stop paying rent, under most leases you are liable for the rent for the remainder of the lease term. This is so regardless of whether the other lessees do the same thing or not. The two lessees will have broken the lease and will... Read more »

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1 Answer | Asked in Contracts for Massachusetts on
Q: Could the phrase "may have guests for a duration of no more than X days." be taken as either "at a time" vs "in total"?

I am wondering if there is any ambiguity in that statement given that a duration could be considered a consecutive period of time and there is no mention of any actual total term or time frame

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2020

A Massachusetts attorney could answer best, but your post remains open for two weeks. You raise a valid point. As a general matter, those terms could be seen as ambiguous. They could have probably been drafted in a manner that was clearer as to whether it meant guests for any given visit, or total... Read more »

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