A few months ago, no one could have predicted that we would be living in such volatile times and that our everyday lives would have changed so dramatically. The COVID-19 coronavirus has affected us all, and the current “normal” is not at all normal. The financial...
Real Estate – Neighborhood Disputes: What Grandfathered Means in Real Estate in MA
In the interest of doing what is best for communities, in terms of public health and safety and city planning, the state and local municipalities often put in place zoning regulations to govern how land in certain areas may be used ( i.e. a building's height, lot...
Is It Legal to Have Animal Traps on Your Property in Massachusetts?
You may have heard that Massachusetts law prohibits the use and installment of certain types of traps on one’s property, but does it mean that it is illegal to have any animal traps on your property? Not necessarily. Although Massachusetts law is rather strict about...
Things to Look For in a Real Estate Lawyer When Buying a Home in Massachusetts
Choosing the right Massachusetts real estate lawyer is like buying a home. There are at least eight things to consider prior to making the decision. As with buying the wrong house, hiring the wrong lawyer is something that you will regret. That is why you should treat...
Massachusetts Condo Association Can Establish Multiple Successive Priority Liens for Unpaid Common Expenses
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, November 16, 2016.Massachusetts General Laws c. 183A, § 6(c) provides that a lien for the unpaid common expenses of a condominium is prior to all other liens on the unit except those...
Agreement Entered Into When Developer Controlled the Board Is Enforceable Against Massachusetts Condo Association
On behalf of Law Offices of Richard Mucci posted in Real Estate on Friday, September 16, 2016.Property developers sometimes enter into agreements for the benefit of the development. Both the Uniform Common Interest Ownership Act (UCIOA) and the Restatement (Third) of...
Massachusetts Appeals Court Finds Court Doesn’t Have to Accept Stipulation of Contract’s Validity
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, August 3, 2016.Breach of contract claims often involve disputes over the terms of the agreement, what occurred, and whether a party's actions constituted a breach. Sometimes, however, there...
Boston Condo Unit Owner Didn’t Violate Affordable Housing Restrictions by Having Roommates
On behalf of Law Offices of Richard Mucci posted in Real Estate on Monday, May 16, 2016.The Boston Redevelopment Authority ("BRA") has created an affordable housing program that is intended to help create and maintain affordable housing opportunities for middle-income...
Adverse Possession And Color Of Title In Massachusetts
On behalf of Law Offices of Richard Mucci posted in Real Estate on Tuesday, January 26, 2016.Property rights are generally transferred through conveyances of deeds, but there are times when a person can obtain rights to property through certain actions without the...
Massachusetts Landlord Liability For Violent Acts By A Third Party
On behalf of Law Offices of Richard Mucci posted in Real Estate on Monday, December 21, 2015.Rental properties can be highly profitable, but they also carry some risks. A significant risk landlords face is the potential for liability when someone is injured on the...
Appeals Court Allows Massachusetts Civil Rights Act, Abuse of Process, and Civil Conspiracy Claims in Condo Case
On behalf of Law Offices of Richard Mucci posted in Real Estate on Tuesday, August 18, 2015.When the relationship between condominium owners turns sour, the result can sometimes be lengthy and complex litigation, as occurred in the recent case of Wodinsky v....
LANDLORDS BEWARE: NEW HOUSING RIGHTS FOR VICTIMS OF VIOLENT CRIMES
On behalf of Law Offices of Richard Mucci posted in Criminal Law on Thursday, December 19, 2013. There are new housing rights for victims of domestic violence, rape, sexual assault and stalking. Victims of these crimes now have increased rights to: 1) break a lease;...
Commercial Landlords Beware: Listen to Your Tenant’s Complaints About Defects As A Court Has Ruled that You Can Be Liable For Double or Treble Damages
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, July 12, 2013. In a stern warning to commercial landlords, a Superior Court judge in Kuong, et al. v. Wong, et al., has ruled that a commercial landlord could be held liable for double...
SJC: No Licenses Allowed For Landlords To Rent To College Students
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, May 30, 2013.Remember when you lived in a rundown, dirty and dingy apartment or house in college with as many friends as you could cram into the place? Recently, such practices have been...
Property Rights Washed Away by the Ocean
On behalf of Law Offices of Richard Mucci posted in Real Estate on Wednesday, February 20, 2013.Recently, the Supreme Judicial Court affirmed in White, et al. v. Hartigan, et al. that a Martha's Vineyard landowner's property rights to an exclusive beachfront property...
Appeals Court Eases the Restriction on Condominium Associations to Bring Construction Defect Claims Against Contractors and Developers
On behalf of Law Offices of Richard Mucci posted in Construction Law on Friday, February 15, 2013. In a significant opinion, the Massachusetts Appeals Court has made it easier for condominium associations to recover for common area construction defects. In Wyman v....
Title Insurance: Don’t Buy Real Estate Without It
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, February 7, 2013.The Land Court's decision in HS Land Trust v. Gonzalez reminds us all of the importance of title insurance when buying real estate and the often overlooked method of...
Brokers May Be Liable For Misrepresentations Even Though Purchase and Sale Agreement Limits Liability
On behalf of Law Offices of Richard Mucci posted in Real Estate on Thursday, January 24, 2013.Brokers and sellers of property need to be cautious of what they put in writing to advertise a property for sale. The Massachusetts Appeals Court in DeWolfe v. Hingham Centre...