Legal Resources: Questions & Answers

What are some of the benefits of condo conversion?

Additional Information: What are some of the benefits of converting to condos?  My brother and I inherited a two family in Newton and we’re considering converting them to condos.  We may or may not move into the respective units. ATTORNEY ANSWER: The primary benefit to convert the two family building into a two unit condo is ease of sale and a basis to increase the sale price.  Newton is a strong market with much pent up demand at the lower price

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Are the condo trustees responsible for mold on outside of the building?

Additional Information: I am the owner of a condo unit in Needham. I have a mold problem which stems from water damage coming through the outside bricks. I had a mold assessment company take air and material samples. It was determined that there is extensive mold growth and damage. I assume the management company is responsible for any and all cleaning and repairs to my unit? ATTORNEY ANSWER: A condominium is a hybrid type of ownership with individual ownership of the

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

Additional  Information:My Boston based business is being sued for a debt from a production company who provided services and was only paid about 20% of the debt. It has been 2 years and we have not had the funds to pay. It was a deal between corporations and it was not in writing and the amount owed is in dispute. We never got our film footage. There was no contract.   Does Mass law require contracts between businesses to be in writing? 

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Is a non-compete still valid if I only worked probationary period?

Additional Information: Is a non-compete still valid if I only worked during a probationary period?  I started a new job, and worked for 3 weeks before I quit. They promised a lot and delivered very little.  Now they are trying to keep me from earning a living. All I have done for the past 18 years is advertising sales. I just started another job in Needham where the former job was in a different region.  Will Massachusetts courts enforce the non-compete?

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Do we need a business attorney to file in small claims court?

Additional Information: We own a small business outside of Boston.  We have been trying to collect a business debt for $9000 without any luck.  Can I file a claim in small claims court for the money owed to our business or do I need an attorney?  What are the guidelines for filing small claims and what fees are associated if I do this on my own vs. hiring an attorney? ATTORNEY ANSWER: In Massachusetts, small claims are brought for matters of

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I have a personal credit card judgement. Can I protect our family business?

Additional Information: We own a small family business in Needham and it is doing OK, but not good enough to pay off a credit card judgment against me personally. The bank that handles my business account is worried the credit card company could come after business assets or monies. What can I do to protect the family business? ATTORNEY ANSWER: If your business is a sole proprietorship and/or partnership, your credit card company could attempt to attach the assets of your

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If my rental property goes into foreclosure, is my primary residence protected?

Additional Information: I own a 1 bedroom condo in Needham and am looking to buy a larger condo. My 1 bed condo is only worth about 25% of what I paid for it.  If I’m unable to rent it after I buy the 2 bedroom, and the 1 bedroom goes into foreclosure, can they take the 2 bedroom from me?  Can I file a declaration of homestead in Massachusetts? Would this help protect my properties? ATTORNEY ANSWER: Once again, the answer

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I have a question re: short sale on our home in Westwood.

Additional Information: My wife and I are considering a short sale on our home in Westwood.  What are the tax obligations we may face? ATTORNEY ANSWER: The short answer is that it depends on the circumstances and you should check with a tax accountant on this issue. Generally, with regard to federal sales taxes, your liability depends upon whether the Westwood home is a primary residence or not. If your Westwood home is your primary residence, The Mortgage Debt Relief Act

Read More »

My boyfriend and I own a house in Southborough MA.

Additional Information: We recently broke up and I moved out.  I’m still paying 1/2 the mortgage. How do we equitably split the house? ATTORNEY ANSWER: This is becoming a common problem today as more unmarried people purchase real estate together. When I counsel unmarried couples who purchase real estate in this day and age, I recommend that they enter into Agreements that outline how the parties will “uncouple” in the event of a breakup. In addition to the questions you raise,

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I got evicted from my apartment in Ashland, MA.

Additional Information: I missed my court date regarding the eviction, and the judge found in favor of my landlord.  Is there anything I can do? The eviction was for non-payment of rent.  I stopped paying rent because the landlord would not complete repairs on my apt. I am a tenant at will and pay rent weekly. ATTORNEY ANSWER: You should file a Motion to Remove Default and request that you be allowed to file an answer and counterclaims late. You should

Read More »

What are some of the benefits of condo conversion?

Additional Information: What are some of the benefits of converting to condos?  My brother and I inherited a two family in Newton and we’re considering converting them to condos.  We may or may not move into the respective units. ATTORNEY ANSWER: The primary benefit to convert the two family building into a two unit condo is ease of sale and a basis to increase the sale price.  Newton is a strong market with much pent up demand at the lower price

Read More »

Are the condo trustees responsible for mold on outside of the building?

Additional Information: I am the owner of a condo unit in Needham. I have a mold problem which stems from water damage coming through the outside bricks. I had a mold assessment company take air and material samples. It was determined that there is extensive mold growth and damage. I assume the management company is responsible for any and all cleaning and repairs to my unit? ATTORNEY ANSWER: A condominium is a hybrid type of ownership with individual ownership of the

Read More »

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

Additional  Information:My Boston based business is being sued for a debt from a production company who provided services and was only paid about 20% of the debt. It has been 2 years and we have not had the funds to pay. It was a deal between corporations and it was not in writing and the amount owed is in dispute. We never got our film footage. There was no contract.   Does Mass law require contracts between businesses to be in writing? 

Read More »

Is a non-compete still valid if I only worked probationary period?

Additional Information: Is a non-compete still valid if I only worked during a probationary period?  I started a new job, and worked for 3 weeks before I quit. They promised a lot and delivered very little.  Now they are trying to keep me from earning a living. All I have done for the past 18 years is advertising sales. I just started another job in Needham where the former job was in a different region.  Will Massachusetts courts enforce the non-compete?

Read More »

Do we need a business attorney to file in small claims court?

Additional Information: We own a small business outside of Boston.  We have been trying to collect a business debt for $9000 without any luck.  Can I file a claim in small claims court for the money owed to our business or do I need an attorney?  What are the guidelines for filing small claims and what fees are associated if I do this on my own vs. hiring an attorney? ATTORNEY ANSWER: In Massachusetts, small claims are brought for matters of

Read More »

I have a personal credit card judgement. Can I protect our family business?

Additional Information: We own a small family business in Needham and it is doing OK, but not good enough to pay off a credit card judgment against me personally. The bank that handles my business account is worried the credit card company could come after business assets or monies. What can I do to protect the family business? ATTORNEY ANSWER: If your business is a sole proprietorship and/or partnership, your credit card company could attempt to attach the assets of your

Read More »

If my rental property goes into foreclosure, is my primary residence protected?

Additional Information: I own a 1 bedroom condo in Needham and am looking to buy a larger condo. My 1 bed condo is only worth about 25% of what I paid for it.  If I’m unable to rent it after I buy the 2 bedroom, and the 1 bedroom goes into foreclosure, can they take the 2 bedroom from me?  Can I file a declaration of homestead in Massachusetts? Would this help protect my properties? ATTORNEY ANSWER: Once again, the answer

Read More »

I have a question re: short sale on our home in Westwood.

Additional Information: My wife and I are considering a short sale on our home in Westwood.  What are the tax obligations we may face? ATTORNEY ANSWER: The short answer is that it depends on the circumstances and you should check with a tax accountant on this issue. Generally, with regard to federal sales taxes, your liability depends upon whether the Westwood home is a primary residence or not. If your Westwood home is your primary residence, The Mortgage Debt Relief Act

Read More »

My boyfriend and I own a house in Southborough MA.

Additional Information: We recently broke up and I moved out.  I’m still paying 1/2 the mortgage. How do we equitably split the house? ATTORNEY ANSWER: This is becoming a common problem today as more unmarried people purchase real estate together. When I counsel unmarried couples who purchase real estate in this day and age, I recommend that they enter into Agreements that outline how the parties will “uncouple” in the event of a breakup. In addition to the questions you raise,

Read More »

I got evicted from my apartment in Ashland, MA.

Additional Information: I missed my court date regarding the eviction, and the judge found in favor of my landlord.  Is there anything I can do? The eviction was for non-payment of rent.  I stopped paying rent because the landlord would not complete repairs on my apt. I am a tenant at will and pay rent weekly. ATTORNEY ANSWER: You should file a Motion to Remove Default and request that you be allowed to file an answer and counterclaims late. You should

Read More »
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