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Massachusetts Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: In apt. 7 years. Cats allowed. Carpet needs replacing. Paid security deposit + pet deposit. Sued if cost above deposit?

Security deposit was 850. Pet deposit was 250. Carpet will definitely need to be replaced but they would need to replace it anyways because I have occupied the unit for 7 years. The carpet may cost anywhere from 1200 to 1500. Can they sue me for damage costs that they would have paid regardless?

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

That may be considered normal wear and tear, but it depends on the damage you caused. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: If a neighbor's deck railing is attached to my retaining wall without permission, can I remove it?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

It depends on the property boundaries and any easements. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Massachusetts on
Q: What are my options if the real estate listing of purchased property was not correct (mis-leading)?

The property listing stated the home had a driveway with 4 car parking. This is not the case the home has no driveway or parking, the driveway in question is shared with the house next door, unable to park in driveway. The pervious owner and real estate agent misrepresented the property, e.g. I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 27, 2017

What was disclosed in writing after the listing? Did you inspect? 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... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Is a text a binding agreement?

Dual agent convinced seller to accept an offer before open house. Seller accepted only because she trusted the agent and though the agent was looking out for both buyer and seller best interest. the agent texted the buyer that the seller accepts the offer. the seller went ahead with the open... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 13, 2017

A text message can create a binding obligation, but it depends on the facts in total. 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,... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: my Question: 1. Who owns what and has any illegal transfers been made?? And who must receive notice of the petition?

6/6/17

1. Two family members Albert & Bill inherited 1 acre of vacant real estate via intestate succession. Each member owns 50% of the acre as tenants in common.

2. Albert sold his 50% to Charles on 7/9/2014 and recorded the deed on 7/15/2014.

3. Charles sold his 50%... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 8, 2017

Have a lawyer review the original ownership agreement and all transfers in detail to determine your rights and duties. 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... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Q: Am I entitl My granfather's estate he left to second wife ( not my grandmother). She died and had no heirs.

My father was an only child and has passed on.

Jonathan R. Roth
Jonathan R. Roth
answered on May 23, 2017

Unless there was a Will or Trust that provided for part or all of the estate go to your father or his children, then you have no claim against the estate.

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can you challenge a home inspector's findings regarding a house you are trying to sell?
Ali Shahrestani,
Ali Shahrestani,
answered on May 20, 2017

Sure, and you can hire your own inspector. 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... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: Q: I live across from a commercial property. What is the comm. prop. owners limits as to what he can do with his land.

A boatyard that is now being used for heavy equipment. Construction vehicles coming and going, gravel, concrete, dust, noise, etc. From quiet and peaceful to slamming of dump truck doors at 8:00 AM 5 days a week, The noise is nerve racking. Less than 30 yards from my windows. Thank you for any... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 20, 2017

It depends on the zoning. You can sue for nuisance and report illegal noise disturbance to the police. 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,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: HOA not being reasonable about children living in the condominium. Using Fines, and other methods, to restrict play...

We own a condo with an HOA, we have two children ages 2 and 5 (one who has developmental delays and is a little loud at times.) The HOA, siting numerous complaints from several neighbors (who they do not identify), fined us for violations that directly/indirectly are due to children living and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

Have a lawyer review the terms of your HOA agreement and specific facts of your dispute. I handle such matters. 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,... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: what are my fathers options

My father has been in the pocess of taking owner ship of elderly neighbors 2 properties the neighbor has agreed(his idea) to give my father as he was going to lose them to the town. fathers gone to court followed through with what court wanted done with the properties(securing doors and windows,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 11, 2017

A lawyer should review the agreements made between the parties to determine whether a legal contract exists or whether your dad is doing free yard work and paying taxes as a gift to the owner. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: Can a neighbor build a wall in the hallway from my dor across the hall to his door and take over space and block my exit

New tenant across hall is building a wall/room to his bathroom which is seperate from his studio apt (its a old house converted to 4 units) in the process hes attached the wall to my main entrance door frame and plans to board off and or lock my other egress from the hallway side. This is all... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

Your landlord may need to stop this. Review the lease with a lawyer. This may also violate MA building codes, which you can report to the city or county. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

2 Answers | Asked in Real Estate Law for Massachusetts on
Q: If i quit claim my name off a house deed can creditors still go after that house for my credit card debt?

Or any debt that I owe not tied to that house?

Ben F Meek III
Ben F Meek III
answered on Mar 22, 2017

Probably not. And they probably can't go after it even if you keep title in your own name. In most states, a judgment lien (of a general creditor that has obtained a judgment against you personally) that is recorded against real estate cannot be foreclosed against the homeowner's... View More

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Massachusetts on
Q: Can i ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

They have 5 health violations and have not fixed them. The town is taking to court on those as well. Plus defamation of character to us. They lied to the town saying we are threating them and they need escorts to property. There is a ton of thing wrong here but i dont want to spend money just to be... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

Why would you want to live in a condemned house? 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/... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: As a condo association, how do we protect ourselves from incurring the cost of cleaning up fallen trees which came from

An adjacent property?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 9, 2017

You may claim trespass and demand costs. See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/trees.html

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...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have a timeshare i want out of...was told i should find an attorney due to all these timeshare exit scams...help...
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

What are the terms of your timeshare agreement re: ending the timeshare? How do you know it's a scam? What facts evidence that? 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... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I sold a house in 2011 and was trying to purchase a house now when I was told that my name was never taken off of deed?

The house foreclosed in 2016 and the mortgage broker is saying that this may affect my ability to get the new mortgage. Because the previous house foreclosed.

Ben F Meek III
Ben F Meek III
answered on Feb 22, 2017

You sold a house but did't transfer the title into the buyer's name? Then the mortgage company foreclosed their mortgage and now they own it? So what is the question?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: 3rd party advises landlord of intent to use all avail parking. Despite this knowledge landlord rents to me. Legal?

This was a one-day space rental agreement which has no premises clause, and refers only to the address and capacity of the building. Landlord did not have a listing sheet, so my acceptance of the property as suitable for my purposes was based on a visit to the property. I observed the building on... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

What does your lease say about parking? 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... View More

1 Answer | Asked in Elder Law, Family Law and Real Estate Law for Massachusetts on
Q: What are my rights?Husband left me 3wks ago. Both names on the home.I have paid all the bills.Can my son move into help?

What are my rights?Husband left me 3wks ago. Moved in with his sister in Texas. Both names on the home mortgage with huge balloon payment in 28 yrs. No equity in the home. I have paid all the bills.Can my son and daughter-in-law move into help me with the mortgage? We have a MHA mortgage. We pay... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You say you only have 2 months of payments left, yet you say there is no equity in the home. These claims are at odds. You may want to file for divorce to settle the property dispute. I see no problem with leasing the home to tenants. More details are necessary to provide a professional analysis of... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Massachusetts on
Q: In Maine, if a house is in a trust and 2 of the 4 trustees are not paying and the other 2 want to sell, can they forced

To sell the property?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Contact a ME lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I buy common space? I want to buy the area below the deck that my neighbor & I share to add onto my condo.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It depends on whether it is for sale, of course. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

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