The Brookline Lawyers

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Best Real Estate Lawyer in Brookline

During the past two decades,  I’ve had the privilege to refer to Attorney David Jensen on all Legal matters regarding real estate.  Time and time again, Attorney Jensen has been a critical component to many personal decisions regarding real estate and has assisted many of my clients with both purchases and sales.  I understand purchasing or selling a home is one of the most important milestones in a person’s lifetime.  I proudly recommend his services

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Responsive and Easy To Work With

“I have referred real estate clients to this firm for several years and my clients and I have always been pleased. The attorneys are responsive and easy to work with. Attorney fees are fair, they returns calls and emails quickly, and will make an extra effort to accommodate clients’ schedules by meeting with us in the evening or on weekends. Tatyana Anokhina

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Above and Beyond Expectations!

“Look no further!! I am a Real Estate Broker in the Brookline/Boston area and I have worked with this firm on many successful transactions. Let’s face it, buying, selling and moving can be the most stressful process that anyone will ever go through……. Having a good attorney in your corner ensures that this transition is going to run as smooth as possible. This firm really goes way “above and beyond” the level of service received

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The 1031 Exchange – An Effective Real Estate Investment Resource

A 1031 exchange is known as a like-kind exchange and can be an effective tool for those who have investment real estate.  When selling investment real estate, most people face a significant tax burden. A like-kind exchange can significantly reduce or even eliminate this burden, by deferring a capital gains tax which might otherwise arise at the time of the sale of investment property. The 1031 Exchange Rule Property can only qualify for a like

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Security Deposit – Treble Damages and Legal Fees

In an ongoing case,  a management company prepared a check to a tenant who had recently vacated an apartment.  The inspection of the unit disclosed no damages or defects.  An assistant property manager mailed several such checks, but one of the security deposit checks was not sent. It was later discovered that the check in question had become attached to another file.  The assistant realized the error approximately 1 week after the check was to

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Land Court – Adverse Possession Claim

A commercial client barred a neighbor from renting parking spaces on its property.  The neighbor alleged ownership due to “adverse possession” claiming she had maintained sole control over the parking area in question for a period of 20 years.  The case was tried before the Land Court.  Due to careful preparation and detailed discovery, it was shown that the plaintiff could not have exercised control over the client’s parking area and a verdict for the

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Personal Injury – Serious Head Trauma

Our client was riding a motorcycle in a rural road in W. Massachusetts when he was attacked by a large German Shepard dog.  The attack caused the client to fall from his motorcycle and in so doing, his ankle and leg were broken.  In addition  the fall resulted in serious head trauma.    A lawsuit was filed against the owner of the dog and the person with whom the owner left the animal unattended despite clear

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Brookline Zoning Board of Appeals – Deeded Parking Spaces

Our clients were aggrieved by a decision of the local Zoning Board of Appeals, granting a developer the right to relocate their previously deeded parking spaces.  An appeal was filed with the Land Court.  After negotiations, the developer granted the clients indoor garage spaces, in return for their ceding their previously deeded outdoor parking spaces.

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Probate Court – Sibling brings suit against executor

Our client was named by his last surviving parent as the executor of her estate.  Part of his duties as executor was to sell the family home and dispose of valuable antiques and art work.   One of his siblings brought suit alleging that her brother the executor sold their mom’s house for less than fair value and failed to properly account for the personal property (including art work) in the home.  The case went to

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Commercial lease terms and security deposit

Additional Info: I’ve recently exited a commercial lease in Brookline in good standing, however the landlord has sent a letter indicating there are deficiency repairs that I deem unreasonable (amount ~$10k) for an 1 year lease of monthly rent $2.3k. I find that unreasonable and would like to know what consequences I would face if I decide simply not to comply.  Would I need to hire an attorney to represent me? Attorney Answer: In virtually

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Can a new owner of a commercial property break a lease of a current tenant once the sale is final?

Additional Info: We are looking into purchasing a building in Newton that is zoned commercial to use for our business. The current owner just signed a 3-year lease with the lessee that is currently occupying the building. Can we make an offer on the property contingent upon negotiating to have the current tenants vacate? Or do the current tenants have legal rights to stay through their lease term? Attorney Answer: A purchaser of commercial real

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We’d like to convert a Chestnut Hill property to condominiums.

Additional Information: Do I need a special permit to convert a 4 unit apartment building in Chestnut Hill into condos? ATTORNEY ANSWER: No – but if you are in Brookline you need to file a copy of the Master Deed with the Town – assessor and Building Department and complete a condominium conversion certificate.  

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Property zoned as 3 unit multi family dwelling, can we convert to 4 condos?

Additional Information: My wife and I are considering buying an investment property in Newton.  It is zoned as a multi family dwelling with 3 separate units.  We are considering buying it and building out the fourth floor to create 4 units, and then converting into 4 condominiums.  Is this doable? ATTORNEY ANSWER: The first step is to check with the Newton Building Department to determine if the specific property can be converted into 4 units. 

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Can a divorce agreement be modified? What is the process?

Additional Information: I had been living with my parents while we were separated and just moved into an apartment in Newton with our 18 month old son and am finding that the alimony and child support are insufficient. I’ve been divorced from my husband for 4 months.  Can the divorce settlement agreement be changed after finalization?  What is the process and is it difficult? ATTORNEY ANSWER: It depends, and I would have to read the

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What is the best way to handle financial matters in a divorce?

Additional Information: What is the best way to handle finances and separation of assets in a divorce?  My wife and I just separated and she is currently an at home mom in Brookline. We’ve figured out a schedule in regard to the children but don’t know how to handle expenses and splitting assets. ATTORNEY ANSWER: The best method is for both you and your wife to fill out a court financial form (I can send

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We’re going to get divorced, and husband has been spending lavishly.

Additional Information: My husband married me for my family’s money.  We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in Brookline, MA.  He always took care of the finances and I just found out that he has been spending lavishly, bought himself a new sports car and essentially has depleted our checking accounts.  Will his behavior be considered as we figure out how to divide our property and remaining

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Does it seem like his divorce lawyer is going to seek sole custody of our daughter?

Additional Information: My husband and I are getting divorced. We’ve been amicable toward one another, he is even still living in our home in West Roxbury, so I was surprised when I received papers from his attorney stating negative things about me that my spouse denies.  We have a 7 year old daughter and we agreed to be respectful of one another as we go through the divorce for her sake. Does it seems like

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Landlords can be liable if tenant doesn’t pay

If a tenant hires a contractor to make improvements to a property, but the tenant doesn’t pay the contractor in full, can the contractor sue the landlord for the difference? It sounds unlikely, but it happened in one case recently. Former Boston Celtics player Dana Barros leased a warehouse and hired a contractor to make improvements so he could turn it into a sports complex. Later, the contractor believed it hadn’t been paid in full,

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My ex husband has been in contempt of divorce decree for years.

Additional Information: He has never paid for medical insurance, alimony or child support.  He has the means to pay and has finally been paying child support of $500 a month and ignoring the rest saying “oh, well she’s almost 18.”  We live in MA, and in the Fall she will be attending an expensive college in Chestnut Hill, and the money would allow her to focus on school and her studies instead of having to

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Always have a property inspected

A couple who purchased a condo in a building that turned out to be contaminated with toxic chemicals can recover only 65% of their losses, because they could have arranged an environmental inspection of the property before they bought it but didn’t do so, a Court of Appeals recently decided. The couple bought a condo unit in a converted factory. The developer had installed a vapor barrier, but never actually decontaminated the dangerous chemicals on

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