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Massachusetts Residential Real Estate Legal Questions

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9 legal questions have been posted about residential real estate by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Massachusetts Residential Real Estate Questions & Legal Answers
Do you have any Massachusetts Residential Real Estate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 9 previously answered Massachusetts Residential Real Estate questions.
Residential Real Estate
Massachusetts

Recent Legal Answers

Our board is not complying with our Master Deed and Trust and denying requests and trying to twist everything to be the owner's responsibility

Answered 9 years and 8 months ago by attorney Richard E Palumbo, Jr.   |   1 Answer
Good morning. The board of a condominium association must act in accordance with the applicable statute (i.e. 183A) and the condominium documents.  If the board is acting in violation of the same then you have a number of options.  First you could organize other like minded unit owners and remove and replace the board.  There may be a grievance process in the condominium documents that could help you.  Or you could file a complaint in court. Please feel free to contact me to discuss in more detail if and as needed. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read More
Good morning. The board of a condominium association must act in accordance with the applicable statute (i.e. 183A) and the condominium... Read More

What happens after death of tenants in common?

Answered 11 years ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Anonymous,  Your cousins share of the house will be owned by the person he left it to in his will or pursuant to the laws of intestacy. This means that his girlfriend or his Father could become owners. The current owner is the estate. The new owner can force a sale (partition).  If you have further questions, do not hesitate to contact my office.  Best,   ... Read More
Dear Anonymous,  Your cousins share of the house will be owned by the person he left it to in his will or pursuant to the laws of intestacy.... Read More

How can I write a proviso or caveat in a real estate sale contract?

Answered 11 years and 10 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Anonymous,  What you are talking about is a life estate. There is specific language that would be included in the P&S and deed.  If you need assistance with this, do not hesitate to contact my office at 617-410-6467. 
Dear Anonymous,  What you are talking about is a life estate. There is specific language that would be included in the P&S and... Read More

I just purchased a house and need advise on eviction process of tenent

Answered 11 years and 10 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Anonymous,  The eviction process requires compliance with very specific notice requirements. Unfortunately it cannot be summed up in one paragraph.  If you would like assistance with the process, do not hesitate to contact my office at 617-410-6467. 
Dear Anonymous,  The eviction process requires compliance with very specific notice requirements. Unfortunately it cannot be summed up in one... Read More

I own a property with three others; each have 1/4 share. They want to sell and I do not. Can they sell without me?

Answered 11 years and 10 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Anonymous,  If all of you are on the deed as tenants in common, then they can force a sale of the property via a Petition to Partition. The only way to prevent the sale is if you have an agreement not to sell the property. Even if 1 of the 4 parties wants to sell property that cannot be divided, then that person can force the sale. ... Read More
Dear Anonymous,  If all of you are on the deed as tenants in common, then they can force a sale of the property via a Petition to Partition.... Read More

What am I entitled if I am on the deed to my house after I move out?

Answered 11 years and 10 months ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Anonymous, Based on what you have said above you the owner of an undivided one half interest in the property. Absent an agreement you have a right to the equity in the property. To enforce your rights you will need to file a petition for partition. If you need assistance or have further questions, do not hesitate to contact my office at 617-410-6467. ... Read More
Dear Anonymous, Based on what you have said above you the owner of an undivided one half interest in the property. Absent an agreement you have a... Read More

Can the owner of a duplex kick out the tenant for no reason?

Answered 12 years and a month ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Tenant,  If you have a lease that expires in May, then you have the right to stay in the unit until May. If you additional questions, you can contact my office at 617-410-6467.  Best, 
Dear Tenant,  If you have a lease that expires in May, then you have the right to stay in the unit until May. If you additional questions, you... Read More

What should be in a sellers listing agreement

Answered 12 years and a month ago by attorney Wyckoff Nissenbaum, Esq.   |   1 Answer
Dear Seller,  Listing contracts are always negotiable. Keep in mind that it is a sellers market and real estate agents want you business.  If you need assistance with any legal aspect of the sale, do not hesitate to contact my office at 617-410-6467.    Best, 
Dear Seller,  Listing contracts are always negotiable. Keep in mind that it is a sellers market and real estate agents want you... Read More

how can i get someones name taken off the mortgage if hes not paying anymore

Answered 12 years and 5 months ago by John C. Pomykato (Unclaimed Profile)   |   1 Answer
Hello, This would be an issue between you and your home lender.  I would call them and discuss this.  If you have a history of paying for the home alone, they should be receptive to pulling the non-paying mortgagor off of the mortgage. One caveat, you may have an issue if the non-paying mortgagor, for whatever reason, wants to remain on the mortgage.... Read More
Hello, This would be an issue between you and your home lender.  I would call them and discuss this.  If you have a history of paying for... Read More
Residential Real Estate
Massachusetts

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