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Channel: Purchase and Sale Agreements – Massachusetts Real Estate Law Blog
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Buyer & Seller Closing Checklist: What You Need To Bring To Closing

Buyer’s Closing Checklist The day has finally come and it’s time to close on the purchase of your property. You will need to bring the following to the closing: Funds For Closing. If you need to bring...

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Massachusetts Tornado Disaster: Hope For The Best, Plan For The Worst In Your...

What happens if the property you have under agreement is wiped out by a tornado, burns down or is otherwise subject to a casualty? Yesterday’s horrific tornadoes — which leveled parts of Springfield...

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Is “Buyer Beware” Alive and Well? An Overview of Massachusetts Real Estate...

Caveat Emptor: “Let The Buyer Beware” Caveat Emptor is an old common law rule which means “Let the Buyer Beware.” In plain English, it means that home buyers are on their own when it comes to the...

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Court Upholds Oral Handshake Deal In Land Swap

Seller Couldn’t Sit Back & Watch Construction Project Unfold Massachusetts appeals judges have been mighty busy this summer issuing real estate decisions. From the forced removal of condo buildings...

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Death and Taxes: Estate Sales & Probate Issues In Massachusetts Real Estate...

Benjamin Franklin once said famously that “the only certainties in life are death and taxes.” That’s certainly true in real estate practice. Today, I will go over how real estate passes when the owner...

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Upcoming Free Webinar (Nov. 1, 11:00AM): An Ounce of Prevention Is Worth A...

Realtors, are you using the most current contingencies and language in your Offers? Do you know the most current Fannie Mae/FHA condo rules and how they will impact your condo sale? Want to know the...

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Electronic Signatures Gaining Acceptance and Popularity In Massachusetts Real...

Compliance Concerns Unwarranted Electronic signature technology has been quickly gaining steam throughout the U.S. real estate community, and has now arrived in earnest in Massachusetts. Electronic...

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From Asbestos to Radon: The Massachusetts Home Inspection Process, A Legal...

The home inspection is one of the most critical aspects of every Massachusetts real estate transaction. Virtually every buyer in a standard purchase transaction (meaning not a short sale, foreclosure,...

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New Trends Emerging In Massachusetts Short Sale Legal Practice

The Offer to Purchase Has Become Much More Important With a glut of distressed property still on the market and lenders realizing foreclosures aren’t very cost-effective, analysts are predicting a...

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Buyer Loses $31,000 Deposit After Refusing To List Current Residence For Sale...

Standard Mortgage Contingency Language At Issue I recently came across a very interesting and scary case from the Appeals Court, Survillo v. McDonough No. 11–P–290. Dec. 2, 2011. (It’s technically an...

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Cash Is Just As Good As Money: Massachusetts Cash Real Estate Purchase Advisory

Tips For Massachusetts Real Estate Cash Buyers & Sellers As Yogi Berra once humorously said, “cash is just as good as money.” This is especially true in real estate transactions where a cash buyer...

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Think Before You Hit Send: Emails May Constitute Binding Real Estate...

Feldberg v. Coxall: First Case To Apply New UETA (Uniform Electronic Transactions Act) To Real Estate Transactions “This case involves the intersection between the seventeenth century Statute of Frauds...

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Worcester Catholic Church Pulled Out of Mansion Sale To Prevent Gay...

Worcester Diocese Allegedly Pulled Out of Deal Over Possibility Of Gay Marriages at Mansion James Fairbanks and Alain Beret, married business partners from Sutton, had been searching for the perfect...

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Avoiding The Money Pit: Advice For Buying New Construction

With the economy and housing market on the upswing, builders are finally building again. I’ve seen a definite uptick in new construction purchases. Buying a new construction home, however, is very...

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Emails May Come Back To Haunt Agents — Realtor Magazine Feature Article

I wanted to share a recent article I authored for Realtor Magazine which was published in their January/February 2013 edition. The article is based on the Massachusetts court opinion in Feldberg v....

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Email Disclaimers: Toothless, Useful, Or A Little Of Both?

A Simple Email Disclaimer Cannot Hurt & Can Only Help Boilerplate email disclaimers at the bottom of messages are so ubiquitous that most of us hardly notice them anymore. They certainly take up a...

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Escrow Holdbacks: A Lifebuoy For A Troubled Closing

You have been eagerly awaiting the closing of your new construction home, but alas, the builder has not been able to complete the landscaping, walkway and driveway by the closing and there is a two...

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Mass. Bar Counsel Advises Real Estate Attorneys To Closely Manage Transactions

Bar Counsel Tightening Ethical Standards and Expectations On the second anniversary of the SJC’s important ruling in Real Estate Bar Assoc. (REBA)  v. National Real Estate Information Services (NREIS),...

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Massachusetts Purchase and Sale Agreement Tips: Modifications of Paragraph...

Overview of  “Standard” Changes to the GBREB Form Purchase and Sale Agreement Missing mortgage discharges, problematic  probates, “Ibanez” foreclosure issues and other title defects are always an...

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Don’t Get Stuck With A Lemon of a Condo: Massachusetts Condominium Purchase...

Do Your Due Diligence! Condominiums remain hot in the Greater Boston area, often the new starter home for the young professional buyer. I am also seeing quite a lot of two and three family homes in the...

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