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

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

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

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

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. 

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

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

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

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

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

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

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

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