Real Estate Law in Massachusetts
The Law Offices of Erica M. Foster assists individuals and businesses in Massachusetts with all types of residential and commercial real estate matters. We assist and advise clients in all aspects of purchasing and selling property, from the creation of sales contracts to preparing all the necessary title work and representing the client at the closing.
Landlord and tenant issues are also matters that we help out with, from defending tenants facing an unlawful eviction to advising a landlord on securing an eviction in the case of a problem tenant.
Real Estate and Mortgage Closings
Real estate transactions in Massachusetts are governed by a wide body of federal statutes and state statutory and common law.
In Massachusetts, real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property. This contract between the seller and broker is generally bcalled a listing agreement. The listing agreement may be an open agreement whereby the broker earns a commission only if he or she finds a buyer. In Massachusetts, a listing is considered exclusive if the broker is the only agent entitled to a commission for finding a buyer. When an exclusive arrangement is in place, a broker may be entitled to a payment even if the seller finds the buyer without the broker's aid.
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Writing Title Insurance
Title insurance in Massachusetts guarantees that you receive full legal ownership of the property that you are buying. If a lien does show up at a later date or it turns out that another property owner has the right to, say, use your parking lot, you can then sue the title insurance company to recover any loss that you have suffered.
Having title insurance removes much of the legal risk in buying a building or house in Massachusetts. In most cases, the seller pays the premium for this coverage, although sometimes it is paid by both parties or the buyer alone.
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Evictions (representing both landlord and tenant)
Sometimes evictions have to happen. As a landlord, after you have exhausted all you other options and need to evict a tenant, there are specific steps in Massachusetts that you will need to take to ensure that the process goes smoothly and legally.
In Massachusetts, before evicting a tenant you need to have a paper trail documenting the reason the eviction is occurring. This is essential if a tenant ends up contesting the eviction, refuses to leave the premises, or tries to file a discrimination or retaliatory eviction claim against you. As the landlord, you should have the tenant's initial rental application, rental agreement, and a paper trail of the incidents that led to your decision to evict. If the tenant has consistently violated the rules of the lease or building, you will want to have proof of each violation. If your tenant has not paid rent on time or has stopped paying the rent, document this also.
