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

Legal Hotline: Do I Have to Tell Potential Buyers They are Being Recorded?

2018-08-09T20:02:15+00:00

I have a seller who has a surveillance system installed in their home – do I have to tell potential buyers that they are being recorded? Yes, it is a crime in Massachusetts to secretly hear or record another individual without their knowledge and consent pursuant to MassachusettsGeneral Laws Ch. 272, § 99.  A device [...]

Legal Hotline: Do I Have to Tell Potential Buyers They are Being Recorded?2018-08-09T20:02:15+00:00

Legal Hotline: Is My Offer Legally Binding?

2018-07-09T01:15:23+00:00

Q. I represent a seller who has signed and delivered an accepted offer, but we still haven’t received a check from the buyer. Is this a binding contract?   The Answer:  It depends on what form you use. In order for a binding contract for the purchase of real estate to exist, there must be a [...]

Legal Hotline: Is My Offer Legally Binding?2018-07-09T01:15:23+00:00

Legal Hotline: I Don’t Think My Offer Was Presented to the Seller

2018-05-08T15:52:13+00:00

Q: I submitted a great offer on a house and never got a response. I don’t think my offer was presented to the seller – what can I do? I submitted a great offer on a house and never got a response. I don’t think my offer was presented to the seller – what can I [...]

Legal Hotline: I Don’t Think My Offer Was Presented to the Seller2018-05-08T15:52:13+00:00

LEGAL HOTLINE: Know the laws about real estate commissions and LLCs

2018-02-01T21:03:07+00:00

With the passage of tax reform and the complexities around the new laws, it’s important to remember who and how brokers may pay people commissions in Massachusetts. Many CPAs may be advising REALTORS® to form an LLC to receive an agent’s commission, a broker and agent must take in account specific Massachusetts laws. The licensing [...]

LEGAL HOTLINE: Know the laws about real estate commissions and LLCs2018-02-01T21:03:07+00:00

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase

2018-01-30T21:15:27+00:00

LEGAL HOTLINE: Understanding the Laws Regarding Interest Bearing Escrow Accounts for Deposits to Purchase Security deposits for rentals have to be held in an interest bearing account. Does it also hold true for deposits on a purchase? Answer: No. There is no obligation for an escrow agent to hold deposit funds for a purchase in [...]

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase2018-01-30T21:15:27+00:00
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