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Massachusetts Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Massachusetts on
Q: No, we did notice after closing by Buyer so real estate agent did not know. Inspection done by buyer

Inspection done and was noticed after 30 days the water leakage by buyer...

Christopher Tolley
Christopher Tolley answered on Oct 20, 2020

Same response.

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: When the buyer notices water leakage after closing, will they sue Seller in Massachusetts?

Buyer did not ask Seller about water leakage before closing and seller did not know

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 20, 2020

Was there a realtor involved in this transaction? if so there are disclosure forms completed for the sale listing. As Seller did you complete such a form? Buyers typically make offers contingent upon home inspection results- was there a home inspection?

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2 Answers | Asked in Real Estate Law for Massachusetts on
Q: My father passed away & left properties - if he for some reason still owes a mortgage - am I as a heir responsible?

I never co-signed for any loans!

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 8, 2020

The real estate is subject to the mortgage and it should either be refinanced by the heirs or be sold to pay off the mortgage.

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Q: What is CDC eviction meant for MA state ? Can someone explain to me ?
Christopher Tolley
Christopher Tolley answered on Oct 5, 2020

The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:

- Make less than $99,000 (or $198,000 if they file a joint tax return)

- Be unable to make full rent “due to substantial loss of...
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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.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Regarding property quitclaims

My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.

JB filed a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA: Seller of rental property. My partner only, signed an offer, unaware i have better one. Can this buyer force a sale

We are both unmarried TIC owners of rental property and one of us signed an OFFER to purchase bf seeing i got much better offer. Buyer claims he'll file civil suit. Is the signature of only one owner on the offer enforceable?

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 17, 2020

You really need to use a realtor. Cannot answer this due to unaware of the particular facts as to what representations were made to the potential purchasers.

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Massachusetts on
Q: If a right of way starts at a street and ends at a lakefront is this or any RIGHT OF WAY BE BLOCKED BY TREES ETC, legal

Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2020

This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have had a male living in my home for several years. Most recently he has shown many signs of hygiene decline, not

bathing for months, wearing dirty clothing bad body odor. I served a 30 day notice to quit in July. I have told him I wanted him out in January 2020. He has made little effort to relocate. In August he looked at an apartment, that that I had given him the phone number for, After looking at the... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 14, 2020

It looks like the moratorium will be ending on Oct 17, so you will be able to move forward soon but you should have a landlord tenant attorney advise you. This is a general forum and directs consumers toward obtaining appropriate legal assistance where merited.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I live in MA. Can I send a 30 notice during an eviction moratorium but not act on it until the moratorium ends?
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 9, 2020

You need to review the moratorium order before taking any action.

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 »

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My property and fence have been intermittently damaged over the past 4 years by dead trees and vines from a property

adjacent to it. Originally we thought it was town property because it has no structure and is just woods. I recently found out it is privately owned. Are they responsible for damage and or necessary protective measures?

The property is unattended, and I haven't seen anyone near it for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 1, 2020

Be careful. While it seems a general rule that you can cut branches and vines overhanging onto your property, but not the trees and plants owned by another person or entity! Do note that there is a substantial statutory penalty for cutting down someone else's trees here in Massachusetts so... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: My mother's name appears as co-owner with my sister's husband on their Cape summer property; my mother died in 1/2017;

who now does the property belong? I am one of three offspring listed in my mother's estate.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 31, 2020

So, was she a joint tenant- does it say that on the Deed? If so, then the surviving tenant takes the decedent's share. However, if the deed does not describe her as a joint tenant she is presumed to be a tenant in common and so her estate has an undivided share with the other co-owners.

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 Real Estate Law, Estate Planning and Probate for Massachusetts on
Q: Our father didn’t have a Will - we were putting the house up for sale and now found out he owes over 100000 in medical

Bills to the state for long term facility care which he was never in one how do we go around this? It’s been impossible to get a straight answer from any attorney so far -

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 18, 2020

Regardless of whether there was a Will or not the Division of Medical Assistance Estate Recovery Unit has an automatic lien at the elderly recipient of MassHealth/Medicaid services death on the decedents assets. The Estate Recovery Unit can open an estate to recover the lien for said services ,... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Massachusetts on
Q: Im getting divorced and my spouse said he would sign the house over to me. He is under arrest at family? How to do this?

Ma

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 3, 2020

Is husband incarcerated? He can still enter into a divorce Separation Agreement but the logistics are harder if he is. You have not stated enough information to determine whether the agreement is fair and reasonable and this is the Court's standard needed for a divorce to be approved of by the... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: We have used a 10ft sq piece of our neighbors property as part of our driveway for 44 years. Is that land now part of

Our property?

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2020

Adverse Possession probably does not apply here, although the Boundary may have moved a little from the record boundary due to Acquiescence. But it appears that you at least have an Easement By Prescription. Title Searches on both tracts might disclose an Express Easement, but should at a... Read more »

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: can a seller back out of a verbal agreement for sale of their house 3 hours after accepting because a better offer came.
Christopher Tolley
Christopher Tolley answered on Jul 20, 2020

Yes. To be enforceable, an agreement to sell real property must be in writing.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate Law Question Can the seller back out of a signed agreement to sell a piece of land to a real estate agency

We are under non binding agreement with a builder/agency to build a new home. The land was supposed to be purchased months ago. We just found out the reason for the delay is the seller potentially trying to back out of the sale due to the tax implications to the town for selling. The agency has... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 16, 2020

Your agreement with the seller governs what rights the seller has to back out of the deal and your rights to your deposit. This is not an ordinary purchase transaction and I strongly suggest you consult an attorney for a thorough review of all relevant documents.

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