Lawyers, Answer Questions  & Get Points Log In
Massachusetts Contracts Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Internet Law, Contracts, Civil Rights and Communications Law for Massachusetts on
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?

There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in... View More

2 Answers | Asked in Contracts, Family Law and Landlord - Tenant for Massachusetts on
Q: Co-tenants signed lease together and are breaking up.

Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed,... View More

Christopher Tolley
Christopher Tolley
answered on Oct 4, 2023

I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't... View More

View More Answers

1 Answer | Asked in Contracts, Tax Law and Arbitration / Mediation Law for Massachusetts on
Q: Hired Tax attorney in Massachusetts. How can we avoid paying more than 8K due to engagement letter not followed by him.

engagement doc signed & advance 8kpaid in Apr. He didn’t send monthly invoices as per engagement doc. Didn’t tell us when the cost of services exceeded 8k. He sent invoice of 23k in Aug. Engagement doc excerepts - The firm’s charges are hourly.Invoices will be sent on monthly basis for... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

You can dispute whether the attorney actually performed the services described in the invoice and whether they are reasonable and necessary with the Fee Arbitration Board.

Nothing you quoted requires the attorney to receive prior approval by you to exceed the initial retainer of $8k....
View More

1 Answer | Asked in Contracts and Personal Injury for Massachusetts on
Q: Is it illegal to to offer an insurance adjuster a portion of a settlement or a gift?

I am in MA, insurance adjuster is in AZ.

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

A Massachusetts, Arizona, or Washington D.C. attorney could advise best, but your question is two days old, and I wanted to respond to your question before you took action in this regard. DON'T EVEN THINK of doing something like this. You could end your claim, get the poor claims examiner... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Massachusetts on
Q: Is this situation considered "charging for services not provided" under Consumer Protection Chapter 93a?

I purchased a "package" of 10 day school classes for my dog with a dog training company. After using 6 of those classes I was fired as a client without discussion or reason. The company is refusing the refund me for the remaining 4 classes. Since I was already charged for these classes... View More

Christopher Tolley
Christopher Tolley
answered on Jul 21, 2023

You should consult the terms of the contract with the dog training company. That should outline what your rights and responsibilities are. If you feel your termination was an unfair and deceptive act or practice, and you are entitled to a refund, prepare a demand letter under G.L. c. 93A. For... View More

2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023

As with many answers to legal questions, the answer is "it depends". It depends on what kind of contract you and your customer have. For example, a gym membership or statutorily defined consumer contract or retail installment contract may be regulated in such a way as to prohibit the... View More

View More Answers

2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

It could depend on the terms of the contract (and subject to state law). The safest approach could be to disclose the error and ask the client if they would like it applied to their outstanding invoice, thereby avoiding any accusations of questionable bookkeeping practices. Your rights to recover... View More

View More 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... View 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... View More

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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... View 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... View More

View More Answers

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... View 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!!

View More Answers

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... View 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... View More

View More Answers

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

1 Answer | Asked in Business Formation, Contracts and Gov & Administrative Law for Massachusetts on
Q: How many of the bar members on here are Freemasons? I know all judges are 33rd, is it a requirement inorder to license

Considering almost all police officers are masons, and all judges are absolutely masons, I'm curious if all the attorneys are also of the masonic fraternity? Ladies eastern star? Is it a requirement?

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

There is no requirement for attorneys or judges to be masons.

There is no data on how many lawyers or how many judges are masons.

No doubt some are. No doubt most are not.

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
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... 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.

View More Answers

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 .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.