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Questions & Answers

Our Boston condo association is foreclosing on a unit.

Additional Information: Our Boston condo association has recently filed papers to foreclose on a condo in our building for unpaid condo fees. The unit is owned by an LLC and the tenants are asking for a new key to be made because they lost it. As an association can we deny this request? What services do we have to offer if they are not paying their fees? ATTORNEY ANSWER: I would advise any condominium association

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I’m considering buying a restaurant in Brookline.

Additional Information: Can a lawyer help me valuate the business or would I need to seek out a business consultant for that?  Also, isn’t it pretty standard for the purchase agreement to contain language that allows an “out” for the buyer if the lease agreement isn’t satisfactory? Isn’t my application for liquor license contingent upon having a lease? ATTORNEY ANSWER: Generally an attorney is not the person to determine the value of a business.  An

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Boston Liquor License Lawyer

The Boston liquor license lawyers at Walters, & Jensen  focus on local alcohol license transfers in Boston and throughout the Greater Boston region. In that capacity, our attorneys represent local businesses such as package store proprietors, club and restaurant owners, and tavern and bar owners who require liquor licenses. Our liquor license attorneys know the applicable Massachusetts laws, and have appeared many times before licensing commissions, including the Boston Licensing Commission, on behalf of clients

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Is there any case law in Massachusetts regarding HOAs fining it’s residents?

Additional Information: My HOA is fining residents, but there is no statutory authority to do so. Condos are authorized to levy reasonable fines, but HOAs are not subject to GL 183a.  Is there any case law here? My understanding is that HOAs are fining their residents all over Massachusetts. ATTORNEY ANSWER: If the Condominium Association has by-laws and or rules and regulations which provide for fines in the event of a violation, I believe they

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Can a homeowners association legally shut the water off to one of it’s members?

Additional Information: Can a home owners association legally shut the water off to one of it’s members for non payment of its dues for a shared well? One member owes back fees of over a thousand dollars for their part of a shared well, can the water use be legally shut off to them for non payment by the association? ATTORNEY ANSWER: No, this is called “self-help” and is not allowed.  If the Association or

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Seller has requested an extension of thirty days. What happens if we don’t agree?

Additional Information: The seller is unable to find a replacement property by the time the sixty day escrow closes. They have requested an extension of thirty days. If we do not agree to that extension, will we lose the appraisal fee, the home inspection fee, and our deposit? ATTORNEY ANSWER: Most Purchase and Sale contracts oblige the seller to close unless for some reason such as a tenant in the premises or a title issue. 

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The buyer now wants out of the contract to buy my home.

Additional Information: The contract has been signed by both parties. What are my rights, and do I have to keep my home? ATTORNEY ANSWER: If you signed the typical Massachusetts Purchase and Sale Agreement your remedy is to keep the deposit. Most contracts specify that the loss of the deposit is Sellers sole and exclusive remedy.  If such language is not contained in the Purchase and Sale Agreement you may be able to not only

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I signed a P & S for a condo in Brookline and now I’ve changed my mind. How do I cancel?

ATTORNEY ANSWER: You may not be able to cancel depending upon the contract language.  If you changed your mind the day after signing it might be wise to reach out to seller with an honest appeal – you might get out of the deal without losing very much. If you walk away on the eve of closing you will likely lose your deposit. Depending upon what contingencies are in the P&S Agreement you may have

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Seller did not provide Lead Paint notification, can we renegotiate a lower price?

Additional Information: We are buying a house and the seller did not provide the Property Transfer Lead Paint Notification form before signing the P&S- a clear violation of MA law and Fed law.  Can this be used as a negotiating point to lower the sale price? ATTORNEY ANSWER: How far along in the process are you?  If I represented the Seller in such a case I would tender the Notification form late, (brokers usually handle

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How do we file a claim with our condos Master Insurance when the original land owner still holds the trust?

Additional Information: We bought a unit in a new construction of 4 units. Three units have been sold and occupied for at least a year, including ours. The last unit just passed papers recently.  The original owner of the land holds the trust as well as the Master Insurance Policy, but has never created a bank account or reserve account for the Association nor has he handed-off the association as he was waiting for all

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There is no right of first refusal in our condo docs.

Additional Information: I live in a 2 unit condominium complex where the owners of the other unit are going to be selling their unit in the near future. There currently isn’t a right of first refusal in the condo docs and the other owners and I are not on the best of terms and have stated that they would not sell the unit to me. They also have said that they do not want to

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Can I draft a deed myself or does Massachusetts law require an attorney to draft it?

Additional Information: My wife and I would like to transfer partial ownership of our home to our daughter so that she becomes an owner with rights of survivorship. My question is, can we do this transfer on our own without an attorney or does Massachusetts law require us to have an attorney draft the deed? ATTORNEY ANSWER: Massachusetts law does not require deeds to be prepared by attorneys.  Just as individuals can represent themselves in

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My upstairs neighbor’s renovations caused damage to my unit. What legal steps should I take?

Additional Information: My upstairs neighbor had a contractor do some renovations a few months ago. 3 months later it caused water damage to my unit and the common area. Their insurance co. does not hold them responsible for the damages and will not cover the cost to repair my unit or the common area. What legal steps should I take? ATTORNEY ANSWER: Your first move should be to contact the Trustees of the condominium association

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The sellers did not complete the work they agreed to and now refuse to return our deposit money. What are my legal rights?

ADDITIONAL INFORMATION: What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S with the sellers which had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money.  What are my legal rights? ATTORNEY ANSWER: The situation described is a breach of contract on the part of the Seller.  In such

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The seller of property refuses to meet closing dates. What are my legal rights?

ADDITIONAL INFORMATION: Seller of property refuses to meet closing dates.  I have spent so much time and money on this and the sellers are just refusing to actually sell this house. Can they do this?  What are my legal rights? ATTORNEY ANSWER: Paragraph 10 of the Standard Purchase and Sale Agreement covers situations where seller cannot give good title or deliver the property as required.  Where that happens notice is required and there is an

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Brookline MA Municipal Law Attorneys

Contact the municipal law attorneys at Goldenberg & Walters for legal matters regarding land use, planning, zoning, liceneses and permits in the Town of Brookline, Massachusetts. Our law firm is located at 7 Harvard Street, Brookline, Massachusetts, and we serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square . Email | Office Directions

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