Legal Resources: Questions & Answers

What are my rights as a tenant of a commercial lease agreement?

Additional Information: 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 in the amount of about $10,000.00 for a one year lease with monthly rent of $2,300.00. I find that unreasonable and would like to know what consequences I would face if I decide not to comply. Would I need to hire an attorney to represent me? Answer: You are smart to evaluate

Read More »

Issues to Consider When Buying Commercial Property

The Impact Of Acquiring A Tenant By Howard Goldman and Cameron Pease Question: Can a new owner of a commercial property break the lease with an existing tenant once the sale is final? 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 of the property contingent upon negotiating to have

Read More »

What Is Doing Business In Massachusetts?

By Howard Goldman and Cameron Pease Question: My company offers chiropractic services and is registered as an LLC in Massachusetts.  I plan to move my company to Florida this year.  I will be licensed to practice in both states.  If I am only in Massachusetts on a limited basis where I am seeing a handful of patients or running an occasional seminar. Considering the fact that I will be providing these temporary services, do I need to register as a foreign

Read More »

How is land divided for condo conversion?

Additional Information: The property and lot in Westwood doesn’t isn’t easy to “split”.  It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back.  We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos. ATTORNEY ANSWER: You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”.

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Converting a 4 unit apartment building into condos.

Additional Information: I currently live in a 4-unit apartment building in Dedham.  My grandmother owns the building and is considering converting the units to condos. What are the steps she would need to take? Can she convert one at a time or do you have to convert the property in its entirety? ATTORNEY ANSWER: First, let me say that your grandmother seems like a shrewd business woman. Often times the conversion of a multi-family apartment building into a condominium can result

Read More »

Our Newton condo was damaged by fire in neighbor’s unit.

Additional Information: I live in a 3 unit condo building in Newton and my unit has been damaged as a result of a fire in our neighbor’s unit. I’ve had some contractors give estimates so I know that the estimate settlement from the Association’s Insurance company won’t cover the repairs.  How do I dispute the amount with the Association’s insurance? Do I need to get a condo lawyer involved? ATTORNEY ANSWER: First, based upon your question, it appears that your claim

Read More »

Our home owners association is fining residents.

Additional Information: We live in a 10 unit condominium complex in Chestnut Hill, and the home owners association is fining residents, but there is no statutory authority to do so.  Do we have to pay the fines?  I don’t want to be in “bad standing” with the HOA. What should we do? ATTORNEY ANSWER: The statement in your question that “there is no statutory authority” for trustees to fine unit owners is incorrect.  M.G.L. c. 183A Sec. 10(b) provides, in material

Read More »

My business partner and I are in disagreement over her ownership percentage.

Additional Information: I started a business 6 months ago with a partner. We decided we’d see if the business is really viable before having a lawyer draft an agreement.  It was my business plan, I do the majority of the work, and I contributed more money to the venture than she did.  We work out of the apartment on my Newton property, I pay utilities and property tax.  My understanding was that the ownership was 60-40 in my favor. She now

Read More »

Does Massachusetts law require contracts between businesses to be in writing?

Additional Information: My business is being sued for a debt from a production company in Waltham who provided services and was only paid about 20% of the debt. We never got our film footage and there was no contract.   Does Mass law require contracts between businesses to be in writing? Our company cannot pay it now yet it could within the year and they would have been paid. Now the time we are wasting for the same end result makes me

Read More »

The lenders won’t sign paperwork for short sale.

Additional Information: I’m in the process of buying a home in Wayland on a short sale. The asking price had already been approved by the seller’s lenders, I offered it, and the lenders accepted. Now it’s been over 3 weeks and we can’t seem to get the lenders to return the signed paperwork so we can set yet another closing date. The house will go into foreclosure in about 2 weeks. What can we do? ATTORNEY ANSWER: Lender delays in processing

Read More »

What are my rights as a tenant of a commercial lease agreement?

Additional Information: 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 in the amount of about $10,000.00 for a one year lease with monthly rent of $2,300.00. I find that unreasonable and would like to know what consequences I would face if I decide not to comply. Would I need to hire an attorney to represent me? Answer: You are smart to evaluate

Read More »

Issues to Consider When Buying Commercial Property

The Impact Of Acquiring A Tenant By Howard Goldman and Cameron Pease Question: Can a new owner of a commercial property break the lease with an existing tenant once the sale is final? 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 of the property contingent upon negotiating to have

Read More »

What Is Doing Business In Massachusetts?

By Howard Goldman and Cameron Pease Question: My company offers chiropractic services and is registered as an LLC in Massachusetts.  I plan to move my company to Florida this year.  I will be licensed to practice in both states.  If I am only in Massachusetts on a limited basis where I am seeing a handful of patients or running an occasional seminar. Considering the fact that I will be providing these temporary services, do I need to register as a foreign

Read More »

How is land divided for condo conversion?

Additional Information: The property and lot in Westwood doesn’t isn’t easy to “split”.  It is an odd size lot, the duplex is not centered on the lot, the right side has wider driveway and there is a small yard in the back.  We are two owners of the duplex and can’t agree on how to divide the lot to convert to condos. ATTORNEY ANSWER: You will have an architect or civil engineer prepare an “as built” floor plan and “site plan”.

Read More »

Converting a 4 unit apartment building into condos.

Additional Information: I currently live in a 4-unit apartment building in Dedham.  My grandmother owns the building and is considering converting the units to condos. What are the steps she would need to take? Can she convert one at a time or do you have to convert the property in its entirety? ATTORNEY ANSWER: First, let me say that your grandmother seems like a shrewd business woman. Often times the conversion of a multi-family apartment building into a condominium can result

Read More »

Our Newton condo was damaged by fire in neighbor’s unit.

Additional Information: I live in a 3 unit condo building in Newton and my unit has been damaged as a result of a fire in our neighbor’s unit. I’ve had some contractors give estimates so I know that the estimate settlement from the Association’s Insurance company won’t cover the repairs.  How do I dispute the amount with the Association’s insurance? Do I need to get a condo lawyer involved? ATTORNEY ANSWER: First, based upon your question, it appears that your claim

Read More »

Our home owners association is fining residents.

Additional Information: We live in a 10 unit condominium complex in Chestnut Hill, and the home owners association is fining residents, but there is no statutory authority to do so.  Do we have to pay the fines?  I don’t want to be in “bad standing” with the HOA. What should we do? ATTORNEY ANSWER: The statement in your question that “there is no statutory authority” for trustees to fine unit owners is incorrect.  M.G.L. c. 183A Sec. 10(b) provides, in material

Read More »

My business partner and I are in disagreement over her ownership percentage.

Additional Information: I started a business 6 months ago with a partner. We decided we’d see if the business is really viable before having a lawyer draft an agreement.  It was my business plan, I do the majority of the work, and I contributed more money to the venture than she did.  We work out of the apartment on my Newton property, I pay utilities and property tax.  My understanding was that the ownership was 60-40 in my favor. She now

Read More »

Does Massachusetts law require contracts between businesses to be in writing?

Additional Information: My business is being sued for a debt from a production company in Waltham who provided services and was only paid about 20% of the debt. We never got our film footage and there was no contract.   Does Mass law require contracts between businesses to be in writing? Our company cannot pay it now yet it could within the year and they would have been paid. Now the time we are wasting for the same end result makes me

Read More »

The lenders won’t sign paperwork for short sale.

Additional Information: I’m in the process of buying a home in Wayland on a short sale. The asking price had already been approved by the seller’s lenders, I offered it, and the lenders accepted. Now it’s been over 3 weeks and we can’t seem to get the lenders to return the signed paperwork so we can set yet another closing date. The house will go into foreclosure in about 2 weeks. What can we do? ATTORNEY ANSWER: Lender delays in processing

Read More »
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