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inspection already done. We are leaving appliances w house. Purchase and Sale agreement signed and will close in 3 weeks. We allowed buyers to have a decorator come in to measure, etc. Apparently, she saw a small amount of water by the fridge and wants us to have an appliance repair person come to... View More 
answered on Jun 22, 2020
You do not have a legal duty to obtain the opinion of a professional if your P&S states you are selling the appliances 'as-is' at the time of inspection, reasonable wear and tear excepted, no warranties or representations.
To keep the peace, if you are still residing in the... View More
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... View More
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... View More
Buyer put in a offer with 1000 down. The buyer chose to back out of the offer after it was signed. (Less than 48 hours after signed by seller) the seller wants to seek legal action for the 1000. The seller however when accepting the offer added in a contingency. Is the offer binding if the... View More
answered on Apr 28, 2020
No, that would be considered a counter offer that the purchaser me either accept or reject.
I’m suing for non disclosure of a faulty major appliance, not disclosed during settlement nor was the appliance fixed during a 2 month rent back agreement period.
answered on Feb 17, 2020
Why do you want to sue the lawyer? Did he/she make any false statements or refuse to disclose the faulty major appliance when he would have been expected to? If not, I do not see the basis for a suit against the lawyer. Also, if you had an inspection of the premises that would have disclosed the... View More
The house is a short sale and I have to do something to protect challenges to the deed. I am not sure what the differences are between Title Insurance and Homestead in my state and not sure who to ask. The attorney I am dealing with for the closing is not helpful he just says I need both.
answered on Feb 14, 2020
Sorry, I agree with the closing attorney, both. A homestead protects your equity in the house. Recording a homestead is so inexpensive it's silly not to do it. The recording fee is $35 and all the MA registries have have forms online if you want to prepare the homestead yourself. Title... View More
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?
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... View More
at my Fiancée's rented apartment in November 2017. One of the back stairs on which I was standing suddenly broke and I fell through it on the floor below. We Immediately called an UBER and rushed to emergency room. I had injuries on my legs, back, stomach sides and arms. Plus, it is causing... View More
answered on Jan 21, 2020
Hello, This is not a real estate case but a personal injury premises liability case.
The individual is elderly. One of her step grandsons 'befriended' her and convinced her to sign over power of attorney and in doing so had her sign multiple documents and she had no idea what she was signing (although she has all her faculties). During an application process for assisted... View More
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answered on Jan 3, 2020
It is not possible to probate an estate in advance of the individual passing, but there are other remedies for this situation. First, you can get a trusted person appointed as guardian and conservator. The order should also specifically revoke that power of attorney. Second, you can file a... View More
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
answered on Jan 2, 2020
The Homestead Act itself does not. It may impact your ability to lien the house, however.
answered on Dec 30, 2019
First, check the wording of the deed to determine the type of ownership you held with your deceased mother. For example, the deed might say, "X and Y, as joint tenants" or "X and Y, tenants in common," etc. The type of tenancy determines to whom ownership of the property passes... View More
Hello, I received a noticed from my landlord that I am no longer able to use the basement for storage and I can no longer use/have my washer and dryer in the basement. Which is his right to denie me access as this is his house. Even though that's part of the reason I rented the house and it... View More
answered on Dec 18, 2019
I suggest you call the Section 8 people and see if there is something in the lease or their contract with the landlord that addresses this.
She’s responsible for all costs associated with the home per the divorce decree. I have a perfect credit score and I really don’t want this to screw things up. She hasn’t paid it in 2 months. I’m really not sure how to go about this.
answered on Dec 10, 2019
Short answer: Yes, it will hurt your credit. If your name is on the mortgage and it is being reported to the credit agencies, then as soon as that mortgage is reported as late that will be a ding on your credit. You can dispute your responsibility for the expenses with the agencies, but until... View More
as lot #2 on the subdivision. This is what is says on the deed. The address that the builder created was 3 Oakdale Lane. In case of future resale, does the deed have to be amended to reflect the actual street address.? For instance, would it be important to fill out a Confirmatory Deed Form and... View More
answered on Dec 2, 2019
Usually, you would have the deed carry forward the description as you received it and then add at the bottom a line something like, "Address of the property being 3 Oakdale Lane, Lincoln, Massachusetts." You would also indicate the property address on the left margin of the deed. There... View More
I am legally blind and my husband needs to go into a nursing home due to a stroke. We own our house, Is there any way we can use the equity to pay nursing home costs. I am 86; he is 87
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answered on Nov 13, 2019
You REALLY should schedule a consultation with an elder law attorney. You might be eligible to have the government pay for his nursing home costs WITHOUT having to sell the house.
The previous owner did not disclose the missing sewer pipe connection and he pretent to be ignorant about it can i make him responsable and pay for it ,its a costly situation for me,who is responsable to fix this problem
answered on Nov 11, 2019
If the seller actively concealed the sewer pipe issue or failed to inform you of it when asked, you may have a right to recover from him. You should consult your own attorney and give him/her copies of all relevant documents to review.
He also had 2 classic cars, but the Probate Atty says that my sister gets them because they were parked in the garage of property a and the will lists that we receive the property and it's contents. Is this correct. If my Dad had died in the winter months, the cars wouldve been parked in... View More
answered on Nov 11, 2019
Normally courts give effect to written instruments according to their terms. The will said your sister receives Property A with its contents. Nothing you have said leads to the conclusion that your father had any other intention. Perhaps your father intended for your sister to receive the vehicles.... View More
After I made this huge error of signing up for this I realized 14 days later I financially cannot afford it, I have called the attorney general, the BBB and had a lawyer send them a letter because they basically told me it's my fault and I'm stuck with it, they refused to speak with my... View More
answered on Oct 30, 2019
I have some clients in a similar situation. They hired me because I'm a Florida attorney, but Wyndham is doing this same thing with everyone. You may be able dispute the negative credit reporting, but that's something you'll want to discuss with your attorney. If you and your... View More
Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... View More
answered on Oct 15, 2019
I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the... View More
seller has no records of the original title 5 ever being completed on the property. Is it legal for the seller to sell the property without having any prior inspections done on the septic. I contacted the town records and they did not have any information on file. Is this an issue for Health and... View More
answered on Sep 9, 2019
The Board of Health should be the ones keeping the records for a Title 5 inspection. It is legal for a sale without an inspection if the sale is to a family member. In Massachusetts, it is the SELLER who is responsible for the Title 5 inspection and if needed, repair costs. The Buyer would only... View More
My son is planning to assume the deed of his grandmother’s house which is paid for. The plan was to have them gift the house for $30,000 to my son or buy it for that amount. How would these options affect my son’s income taxes at the end of the year. The property is valued at $290,000.... View More
answered on Aug 20, 2019
An online Q & A forum like this one is not the place for advice about the disposition of a $290,000 asset. Find a lawyer versed in tax law or an accountant you trust.
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