Lawyers, Answer Questions  & Get Points Log In
Massachusetts Contracts Questions & Answers
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 »

View More Answers

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 »

View More Answers

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 »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Massachusetts on
Q: Can I get away with NOT paying rent considering the following "Force Majeure" statement in my rental lease document?

The Force Majeure paragraph: (Pandemic part)

Whenever a period of time is prescribed for the taking of an action by Landlord or Tenant (other than the payment of the Security Deposit or Rent), the period of time for the performance of such action shall be extended by the number of days... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2020

No. The definition you are relying upon expressly excludes "payment of the Security Deposit or Rent."

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Massachusetts on
Q: The plumber who is fixing my boiler has been in and out over 3 weeks. If i hire someone else instead, do I have to pay?

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,... Read more »

Christopher Tolley
Christopher Tolley 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... Read more »

1 Answer | Asked in Contracts, Immigration Law, Business Law and International Law for Massachusetts on
Q: Would any one have any contact for pro bono lawyers in South Africa (Pretoria) for US citizens

One of my US citizen friends is currently in Pretoria and has urgent legal trouble. He has contacted the US consulate for weeks, which at this time is only overwhelmed and has provided no help. thank you

Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

There is an organization - Pretoria Society of Advocates. They are known as the Pretoria Bar. They could be a starting point in your friend's search. If they do not know of such attorneys or resources on how to locate them, maybe they could direct your friend to a different bar association or... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Massachusetts on
Q: As tenants do we have a legal claim to use of common space? How do we address harassment by neighbors who won't share?

My husband and I moved into an apartment in an upstairs/downstairs duplex last year. The upstairs tenants had been living there for several years before we moved in. In our leases each apartment has rights to two parking spots in the shared driveway, but the neighbors have taken three, making our... Read more »

Lissa McKinney
Lissa McKinney answered on May 23, 2020

You should send a polite email to the landlord asserting that your lease provides you 2 parking spots and they have taken one of yours. He needs to tell them they have only 2 and to move the 3rd car someplace else. He should also tell them in writing that you are entitled to half the garden and... Read more »

1 Answer | Asked in Civil Litigation, Bankruptcy, Consumer Law and Contracts for Massachusetts on
Q: Can I reopen a CH 13 BK from years ago as its related to CURRENT litigation?

This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... Read more »

Timothy Denison
Timothy Denison answered on May 5, 2020

You can try. The reopening fee is $260.

1 Answer | Asked in Business Formation, Business Law, Contracts and White Collar Crime for Massachusetts on
Q: Can I be removed from a Mass LLC without consent?

I've been removed from a Mass LLC that I was 50% owner of by the other 50% owner. The original LLC filing has me on it. My partner filed an amendment to the LLC that removed my name. And another amendment that changes the name of the LLC. Is it possible for this to happen without my consent?... Read more »

Kas DeCarvalho
Kas DeCarvalho answered on Feb 10, 2020

Short answer: No, probably not.

You're response: "But my partner did--now what?!"

...and that's a longer answer.

So, unless your LLC's Operating Agreement provides for some mechanism for a single 50% Member to remover the other (which is possible,...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Massachusetts on
Q: A new const. apt. has been pushed back 7x's totalling 6+months. We have no more timeshare points and are nearly homeless

Multiple leases signed over the course of this fiasco. Is there any way to sue for reimbursement for timeshare being exhausted, multiple hotel and resort stays plus the mental pain and suffering from all of this?

Michael Hales
Michael Hales answered on Jan 30, 2020

I would need more information to give an answer. I've worked with most timeshare companies, but I'm not entirely sure what happened. It's possible there's a breach of contract claim, but that would largely depend on the agreement and additional facts I don't have. Feel free... Read more »

1 Answer | Asked in Collections, Contracts, Real Estate Law and Small Claims for Massachusetts on
Q: does a homestead act on a home in mass prevent a contractor collecting money if homeowner refuses to pay final bill

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

Christopher Tolley
Christopher Tolley answered on Jan 2, 2020

The Homestead Act itself does not. It may impact your ability to lien the house, however.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Massachusetts on
Q: Can a job that already offered me a position (signed offer letter) take back their offer due to my medical condition?

As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.

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.