Legal Resources: Questions & Answers

What are allowable damages for real estate misrepresentation under Massachusetts law?

Additional Information: 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: One needs to look at the terms of your purchase and sale agreement. If terms of your purchase and sale agreement are silent on damages, you have a couple of options on how

Read More »

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

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: First, you need to look at the terms of your purchase and sale agreement. Typically, however, real estate purchase and sale agreements do not contain provisions concerning a buyer’s damages in the event of a breach by the seller.

Read More »

How do I go about selling my business and making it legal?

Additional Information: How do I go about selling my business and making it legal?  Specifically, I’m interested in knowing how to transfer ownership of assets and accounts receivable/payable.  Thank you. ATTORNEY ANSWER: In selling your business, the deal is typically structured as either an asset purchase or stock purchase, although there are other methods to structuring the deal. In an asset transfer, the buyer does not purchase the business itself, it just purchases the assets. Most buyers prefer this method because

Read More »

How should I structure my small MA based business to include 3 new partners?

Additional Information: I want to raise money for my business and specifically bring on partners who are willing to invest in the company.  How should I structure the business to protect myself and be “fair” to myself and potentially 3 partners? ATTORNEY ANSWER: In determining what type of business entity is most suitable for you and your partners, I would really need more information as there are a number of complex issues involved depending upon the facts of your business and

Read More »

Massachusetts Debt Collections Attorney

A very common problem for small and medium sized business, especially in today’s economic times, is the collection of outstanding receivables. Here are four simple steps that you can take as a Massachusetts business owner to make your debt more collectible. If you are a Massachusetts business owner and have questions regarding collecting debt from customers, contact Goldman & Pease for a confidential consultation. The Massachusetts collection attorneys at Goldman & Pease serve businesses throughout the greater Boston metro region including

Read More »

The Foreclosure Act – What Massachusetts Property Owners and Condo Trustees Should Know

Massachusetts real estate attorney Howard Goldman discusses the Foreclosure Act. The Foreclosure Act is a federal statue recently passed to give greater rights to tenants. If you are a property manager or a condominium trustee you need to be aware of he rights of tenants. The issue arises in the context of foreclosure where often times tenants are lingering, don’t pay rent, don’t observer the rules and regulations, causing problems that may decrease the property values. If you are a Massachusetts

Read More »

If we do not agree to seller’s request for an extension will we lose what we’ve already invested?

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: In order to answer this question, I would really need to review the terms of your purchase and sale agreement as well as your commitment letter with the bank and contract

Read More »

Is there a law or statute of limitations regarding a landlord’s responsibilties for security deposits?

Additional Information: My roommates and I moved out 10 months ago.  We recently received a letter from the landlord stating we owed $2500 and are forfeiting our entire security deposit for a total of $4000 to replace 10 year old carpets.  Can they do that?  Is there a statute of limitations, and what are the landlord’s legal responsibilities regarding security deposits? ATTORNEY ANSWER: If your landlord attempts to retain your security deposit, he will be in violation of M.G.L. c. 186

Read More »

Does a Property Manager have the right to enter a property to check on leaks without the unit owner’s consent?

ATTORNEY ANSWER: Property managers do not have the right to enter a unitowner’s unit without some advance notice unless there is an emergency.  The underlying condominium documents usually require at least a 24 hour advance notice absent an emergency matter, such as bursting pipes or fire.  A Unitowner upon receipt of this prior notice may try to reschedule the site visit to a more convenient time (within limits)  but such unitowner does not have the right to deny access if the

Read More »

Can my condo management prevent me from having a dog?

Additional Information: I am a tenant in a Massachusetts condominium complex. I need a service dog due to a handicap. The condo has a strict  policy of no pets and have informed me they will not allow a dog. What are my rights and what is the law? ATTORNEY ANSWER: Advocates and professionals have long recognized the benefits of assistive animals for people with physical disabilities, including Seeing Eye dogs or hearing dogs that are trained to perform simple tasks such

Read More »

What are allowable damages for real estate misrepresentation under Massachusetts law?

Additional Information: 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: One needs to look at the terms of your purchase and sale agreement. If terms of your purchase and sale agreement are silent on damages, you have a couple of options on how

Read More »

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

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: First, you need to look at the terms of your purchase and sale agreement. Typically, however, real estate purchase and sale agreements do not contain provisions concerning a buyer’s damages in the event of a breach by the seller.

Read More »

How do I go about selling my business and making it legal?

Additional Information: How do I go about selling my business and making it legal?  Specifically, I’m interested in knowing how to transfer ownership of assets and accounts receivable/payable.  Thank you. ATTORNEY ANSWER: In selling your business, the deal is typically structured as either an asset purchase or stock purchase, although there are other methods to structuring the deal. In an asset transfer, the buyer does not purchase the business itself, it just purchases the assets. Most buyers prefer this method because

Read More »

How should I structure my small MA based business to include 3 new partners?

Additional Information: I want to raise money for my business and specifically bring on partners who are willing to invest in the company.  How should I structure the business to protect myself and be “fair” to myself and potentially 3 partners? ATTORNEY ANSWER: In determining what type of business entity is most suitable for you and your partners, I would really need more information as there are a number of complex issues involved depending upon the facts of your business and

Read More »

Massachusetts Debt Collections Attorney

A very common problem for small and medium sized business, especially in today’s economic times, is the collection of outstanding receivables. Here are four simple steps that you can take as a Massachusetts business owner to make your debt more collectible. If you are a Massachusetts business owner and have questions regarding collecting debt from customers, contact Goldman & Pease for a confidential consultation. The Massachusetts collection attorneys at Goldman & Pease serve businesses throughout the greater Boston metro region including

Read More »

The Foreclosure Act – What Massachusetts Property Owners and Condo Trustees Should Know

Massachusetts real estate attorney Howard Goldman discusses the Foreclosure Act. The Foreclosure Act is a federal statue recently passed to give greater rights to tenants. If you are a property manager or a condominium trustee you need to be aware of he rights of tenants. The issue arises in the context of foreclosure where often times tenants are lingering, don’t pay rent, don’t observer the rules and regulations, causing problems that may decrease the property values. If you are a Massachusetts

Read More »

If we do not agree to seller’s request for an extension will we lose what we’ve already invested?

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: In order to answer this question, I would really need to review the terms of your purchase and sale agreement as well as your commitment letter with the bank and contract

Read More »

Is there a law or statute of limitations regarding a landlord’s responsibilties for security deposits?

Additional Information: My roommates and I moved out 10 months ago.  We recently received a letter from the landlord stating we owed $2500 and are forfeiting our entire security deposit for a total of $4000 to replace 10 year old carpets.  Can they do that?  Is there a statute of limitations, and what are the landlord’s legal responsibilities regarding security deposits? ATTORNEY ANSWER: If your landlord attempts to retain your security deposit, he will be in violation of M.G.L. c. 186

Read More »

Does a Property Manager have the right to enter a property to check on leaks without the unit owner’s consent?

ATTORNEY ANSWER: Property managers do not have the right to enter a unitowner’s unit without some advance notice unless there is an emergency.  The underlying condominium documents usually require at least a 24 hour advance notice absent an emergency matter, such as bursting pipes or fire.  A Unitowner upon receipt of this prior notice may try to reschedule the site visit to a more convenient time (within limits)  but such unitowner does not have the right to deny access if the

Read More »

Can my condo management prevent me from having a dog?

Additional Information: I am a tenant in a Massachusetts condominium complex. I need a service dog due to a handicap. The condo has a strict  policy of no pets and have informed me they will not allow a dog. What are my rights and what is the law? ATTORNEY ANSWER: Advocates and professionals have long recognized the benefits of assistive animals for people with physical disabilities, including Seeing Eye dogs or hearing dogs that are trained to perform simple tasks such

Read More »
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