Legal Hotline: We Have a Signed Offer But No Deposit. Now What?

2019-06-04T15:23:19+00:00

We have a signed offer, but no deposit. What now? A contract to purchase real estate is binding if there is a written offer, acceptance, and consideration. “Consideration,” while commonly thought to be the equivalent of money, simply means “something of value,” which may be an act, a forbearance, a material item, or some other [...]

Legal Hotline: We Have a Signed Offer But No Deposit. Now What?2019-06-04T15:23:19+00:00

Legal Hotline: A Seller Won’t Consent to Dual Agency. What Do I Do?

2019-05-07T15:11:35+00:00

Q.) An unrepresented buyer came to an open house and wants me to help them submit an offer, but my seller will not consent to Dual Agency – how do I proceed?   A.) As an agent of the seller, you owe the seller duties of obedience, loyalty, disclosure, confidentiality, accountability and reasonable care and [...]

Legal Hotline: A Seller Won’t Consent to Dual Agency. What Do I Do?2019-05-07T15:11:35+00:00

Legal Hotline: Do I Have to Disclose a Home Security System To a Potential Buyer?

2019-05-07T15:02:27+00:00

Q.) My seller has a home security system in the property I have listed. Do I have to disclose this to potential buyers and their agents? A.) Yes, Massachusetts requires two-party consent for all audio recordings. Recording another individual without their consent may subject you and your seller to criminal and civil penalties. Home [...]

Legal Hotline: Do I Have to Disclose a Home Security System To a Potential Buyer?2019-05-07T15:02:27+00:00

Legal Hotline: What Does the EPA Look For in a Lead Paint Disclosure Rule Inspection?

2019-04-08T16:40:19+00:00

A colleague in another state recently told me that they received a letter from the EPA stating that the EPA would be performing a Lead-based Paint Disclosure Rule record keeping inspection. What information would they be looking for? A) Any type of regulatory inspection can be nerve wracking, but if you have been diligent in [...]

Legal Hotline: What Does the EPA Look For in a Lead Paint Disclosure Rule Inspection?2019-04-08T16:40:19+00:00

Legal Hotline: Can I Put Surveillance Cameras In My Vacation Rental Properties?

2019-03-08T14:18:31+00:00

Q. Can I put surveillance cameras in my property to make sure the tenants in my vacation rental are following the rules? A. No, while it is certainly understandable that you would want to make sure the provisions of the lease agreement are being followed, placing surveillance cameras in your property may subject you to [...]

Legal Hotline: Can I Put Surveillance Cameras In My Vacation Rental Properties?2019-03-08T14:18:31+00:00

Legal Hotline: When is the Lead Paint Disclosure Form Due?

2019-02-12T14:55:44+00:00

Legal Hotline: Lead Paint Notification Due Prior to a Binding Offer The Property Transfer Lead Paint Notification must be provided prior to the signing of a purchase and sale agreement. What happens if the offer is - as most are in the Cape Cod, Martha's Vineyard, and Nantucket marketplace - a binding offer? In [...]

Legal Hotline: When is the Lead Paint Disclosure Form Due?2019-02-12T14:55:44+00:00

Legal Hotline: Can Someone From My Office Cover My Open House?

2018-12-03T21:01:31+00:00

Q. I want to have someone from my office cover an open house for me – is that allowed? Yes, you can have another person from your office cover your open house, as long as you obtain your client’s permission ahead of time. It is critical to have a conversation with your seller prior to [...]

Legal Hotline: Can Someone From My Office Cover My Open House?2018-12-03T21:01:31+00:00

Legal Hotline: Important MAR Forms Library Changes

2018-12-03T16:15:45+00:00

Q: What changes have been made to the MAR Forms Library?   A: The Forms Content Advisory Committee has been working diligently all year long to improve the forms offered to MAR members. The following changes have already been implemented, or will be available to members imminently: Form 501: Contract to Purchase Real Estate – [...]

Legal Hotline: Important MAR Forms Library Changes2018-12-03T16:15:45+00:00

Legal Hotline: Avoiding Common Escrow Account Pitfalls

2018-10-30T15:10:27+00:00

Q:      There seems to be a lot of attention on escrow accounts lately. What are some of the main things to watch out for? A:        Three of the most common escrow account pitfalls members encounter are: Commingling of Funds Funds cannot be transferred from the escrow account to an operating account until [...]

Legal Hotline: Avoiding Common Escrow Account Pitfalls2018-10-30T15:10:27+00:00

Legal Hotline: Who is Responsible for Issues Along The Property Line?

2018-09-04T18:06:25+00:00

Q: Who is responsible for maintaining trees on the property line? A: This is a question that has been the subject of litigation in Massachusetts for more than 150 years. It has long been the rule inMassachusetts that a landowner may not hold a neighbor liable for damage caused by the neighbor’s healthy trees. [...]

Legal Hotline: Who is Responsible for Issues Along The Property Line?2018-09-04T18:06:25+00:00
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