April 2012

There is a lein on the property. What do we do now to close?

Additional Information: While preparing to close on my non-mortgaged home in Newton, the buyer’s title search found a lien on the property.  Apparently the closing attorney had not paid back the monies owed by previous owner. What do we do now in order to close? ATTORNEY ANSWER: Since your question does not specify what type of lien was found on the property, I will answer in general terms.  Before one can have a closing or refinance

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Trusted legal advice

“I’ve been working with David for 5 years now. He has been there whenever I need legal advice, and has gone above and beyond in helping me.” – Jeff, Landlord Tenant Client

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Buying or selling real estate at auction can be complicated

A small but growing percentage of real estate is being sold at auction. The advantage of an auction for a seller is that the property will definitely be sold quickly, although usually at a lower price. So auctions often attract sellers who simply want to unload a property, such as a lender that has foreclosed on it, or an executor whose heirs want cash and not real estate. Auctions often attract buyers who are looking for

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New disability access requirements take effect in early 2012

The Americans With Disabilities Act was passed 20 years ago and required retail and other commercial business owners to renovate their properties to make them accessible to the disabled. For the first time since then, the U.S. government has comprehensively revised the requirements. The new requirements will go into effect on March 15, 2012. The changes include new rules for the following: van-accessible parking, maximum height and “reach ranges” for certain objects, service animals, communication devices

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Is a landlord liable for Madonna’s loud music?

Karen George had a lovely apartment on New York’s Upper West Side, except for one thing – her downstairs neighbor, the pop star Madonna. According to George, Madonna had people over to her apartment for an hour and a half to three hours every day to conduct dance training and exercise routines. During this time, Madonna played loud music. According to George, the music was “deafening” and caused her walls and floors to shake. She says

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How to get a better appraisal of your property

Home appraisers are the unofficial umpires of residential real estate sales, deciding whether offering prices are fair or foul. But much more often than in the past, they’re striking out deals and sending buyers and sellers back to the dugout. Each month, between 10 and 20 percent of real estate agents are seeing accepted offers to buy a home founder or collapse as a result of appraisals that came back too low, according to recent surveys

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Tremendous in managing estate affairs between MA and FL

“Attorney Beliveau was a tremendous help when my mother took ill down in Florida and could not manage her own affairs. He walked me through the steps and provided documents for me to legally handle her affairs in two states, including protecting her assets. He and his staff were polite and efficient in their work.” – Bob Bedford, MA, Estate Planning

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The sellers did not complete the work they were supposed to before we closed on the house.

Additional Information: What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S for our first home in Belmont.  The P & S 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 our legal rights? ATTORNEY ANSWER: When the P&S specifically states that the Seller is to make

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Probate in Waltham MA

If you have been named the executor of an estate, you may want help with the sometimes complex and lengthy process of guiding the will through probate. A skilled Massachusetts probate attorney can help the executor prepare and file the required probate court paperwork, including the petition, inventory, and account, arrange for the appraisal of the assets of the deceased, give proper legal notice to the decedent’s beneficiaries and the estate’s creditors, arrange for payment of

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Lawsuit could help seniors who move from a hospital to a nursing home

Medicare will cover a nursing home stay entirely for the first 20 days, as long as the patient was first admitted to a hospital as an inpatient for at least three days. But a growing number of seniors are finding that Medicare won’t pay for a nursing home stay because they weren’t actually “admitted” as an inpatient at the hospital – they were merely held under “observation.” Frequently, these patients have no idea that they weren’t

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