I bought a new construction condo house 15 months ago that I am supposed to close on, in a few days. The plans and agreement showed that there is a wetland in the area far from my house but a vast green area beside my lot which was the main factor to choose this exact lot. For the last few months,... View More 
answered on Mar 6, 2023
You should review this with your attorney as soon as possible to review all the facts and documents because you may have the basis of a claim. If you do not want to go forward with the purchase you should establish a strategy and get input from your attorney on the costs and benefits of litigating... View More
My ex fiancé and mother went in on a house together. When we broke up he wanted to kick my mom out, we sued him for breach of contract when he filled for evection. We won and my mom has until February 28, 2023 to vacate the property at that time we will do a walk thru of premises and then he will... View More
answered on Feb 28, 2023
I assume your ex's entry into the property violated the parties' settlement agreement. However, you do not articulate any harm to you or your mother as a result of his acts and therefore you would not be entitled to damages. Therefore, it does not seem to be in your interest to reopen the... View More
I would like to buy the home but I fear upon purchase, the house would go into a 6 month occupancy (required by the town). I would prefer to keep the house year round. Is there a workaround? Has new legislation opened things up?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
The reasons for a town to restrict the occupancy of a home from year-round to 6 months may vary depending on the specific regulations and zoning laws in that area. However, it is often done to preserve the character of the community, maintain the quality of life for residents, and prevent... View More
The home my broker found us has delayed our move-in date multiple times as they haven't gotten their BFD inspection. This possibility of delay was a clause in the lease and I was nervous about it but my broker told me that they only really put that clause in 'in case of natural disaster... View More
answered on Jan 10, 2023
If the possibility of delay was written into the lease there would be an argument that you assumed the risk of delay and therefore have no recourse for your losses due to the delay. You should examine any separate contract you may have with the broker as to whether and how his fee is earned. Maybe... View More
My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... View More
answered on Jan 3, 2023
Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... View More
answered on Nov 18, 2022
Yes, although many real estate purchase and sale agreements permit the seller to extend the date for closing under certain circumstances even though the buyer may not agree to extend. You should review your purchase and sale agreement .
answered on Nov 18, 2022
The Purchase & Sale Agreement should have specific provisions concerning what occurs upon a failure to be ready to close on the closing date. You should have counsel involved , particularly if things are not going so well!
An abutter (private parcel, NOT part of the HOA/subdivision) wants to develop their adjacent lot for a single family home in Massachusetts. Certain people have suggested that this parcel may be forced to become subject to the HOA covenants, even though those covenants, maps and recorded deeds... View More
answered on Nov 9, 2022
Based on your explanation of the situation, if the HOA documents do not describe the abutting property as part of the HOA, it is not subject to the HOA covenants. I cannot think of circumstances under which abutting property could be 'forced' to become part of the HOA unless there is... View More
can make a commission
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
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
street name and house number. Will it be a problem in future? It is just the town was wrong in the property details.
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.
I purchased a property 20 years ago with my boyfriend thinking we would be married. He decided against marriage and abandoned the property. I’ve been maintaining the property for 20 years and wish to sell it. All attempts to locate him have failed. How can I sell the property? How can I remove... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023
Hire a MA attorney to file suit for a Sale For Partition.
My mother-in-law lost her husband 10 years ago. The grandson who has been living there with them rent free for over 20 years is now trying to take the house away from her. My mother-in- law is 83 years old and is alert, drives a car and manages and pays all the bills. She thinks the grandson stole... View More
answered on Nov 17, 2023
If she is missing her Will she can "replace" it by doing a new one if she is competent.
My aunt died 4 years ago. She had 3 loans on house that was paid off. My mom didn’t have money to pay it. She doesn’t know bank either. The neighbors want to buy property but mom is unsure if she still owns it or bank. Also my cousin thinks she owns half the house because it was her moms to.... View More
answered on Nov 13, 2023
Because it is not clear from your description who owns the house, it is impossible to answer your question. You should gather all your paperwork and take it to a lawyer.
Does Massachusetts have any laws on the minimum or maximum number of days a tenant or landlord has to provide an intent to renew/not renew an annual lease?
I received a notice from my landlord (property management company) asking me to provide my intent to renew or not renew for a September... View More
answered on Nov 13, 2023
There are no statutes requiring that a lease contain a period during which advance notice of renewal or non-renewal of the lease be given.
I'm inquiring about MA rule of law on a motion to sanction or fee impose on a defendant. This is land court, land dispute, and contempt proceeding. I was sued for a prescriptive and adverse possession easement in a planned community. The Plaintiff claims that I have violated the order and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023
You will need to file an Response denying the allegations. Get ready for the hearing with any witnesses and/or evidence of your obeying the Order verbatim. I recommend hiring a MA attorney as incarceration might be a possibility.
If the will was probated outside of Massachusetts (or internationally), do additional steps need to be taken in Massachusetts before submitting the new deed and probate documents to the Registry Office?
answered on Sep 21, 2023
There would be an Ancillary proceeding usually since Massachusetts real estate was involved apparently from what is understood of the question posed.
My brother and I do not want this house. It had a mortgage on it. Both parents are deceased. I called my probate attorney in the county the house is in and because it the document we were served is for the United States District Court in Northern District of Texas, he does not handle federal (?)... View More
answered on Aug 23, 2023
I suggest you ask the probate attorney to give you his thoughts on what relief the plaintiff bank is seeking in the complaint. He/she should be able to do that just by reading it. Then you can start looking around for an attorney who handles that sort of case. I represent lenders in foreclosures... View More
I was not present when the Trust was signed did not know i was a beneficiary but a family member was present witnessed this as Trustee and the settlor signed it . If for some odd reason this doesnt go in my favor do I have a lawsuit against the attorney who notarized the Trust as a benificary.
answered on Jul 12, 2023
Is the Settlor lacking competence or under duress or undue influence in the transfer into Trust? These are the issues.
My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... View More
answered on May 15, 2023
It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... View More
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.
