Lender Representation

More information to follow.

Community Association Law

Are you purchasing a property in a newly developed community?

Does your property have a Homeowner’s Association (“HOA”)?

Is the property subject to Covenants, Conditions and Restrictions (“CC&Rs”)?

You can go a long way toward ensuring a positive and fulfilling home ownership experience by understanding these nuances before you buy your property.

Most community associations provide services and amenities such as swimming pools, health clubs, professional security and landscaping services. But with these benefits come complicated issues and risks.

Among the many questions that should be addressed:

1. Who will be providing basic utilities such as water, electricity, and waste disposal?

2. What are my monthly HOA fees? Can they go up?

3. If CC&Rs apply to the property, what issues are there? Can the house be painted yellow?

4. What is covered by my HOA fees? Who mows the grass and shovels the sidewalks?

5. Can I sell or rent my property whenever I see fit? If so, are there restrictions to timing, age, or income?

6. Are there rules pertaining to issues such as pets, parking, satellite dishes, etc.?

7. Does the HOA have an adequate budget and a reserve fund set aside?

8. Will I be able to alter my property? Can I build a shed, erect a flagpole?

9. Is my property eligible for conventional financing such as Fannie Mae and/or FHA mortgages?

10. When does the developer turn the property over to the HOA?

In order to accurately and fully answer these questions, a thorough review of the appropriate legal documents would need to be conducted. Often, these documents can be hundreds of pages long. Hiring in attorney familiar with your location could you save you tremendous headaches, both now and in the future.

Buyer Representation

Ten Reasons to Contact an Attorney Before Making an Offer to Purchase

1. The Massachusetts Supreme Judicial Court decided in 1999 that an Offer to Purchase Real Estate is often a LEGALLY BINDING CONTRACT.

2. Find out who you are dealing with. An attorney can determine exactly how much your potential seller paid for the property and how approximately how much is owed in outstanding mortgages. What are your seller’s motivations? Do they need to sell quick?

3. An attorney can run a preliminary title report to determine if there are liens against the property or an otherwise clouded title. Don’t waste your time on a house that does not have clean title.

4. The offer will dictate the all the essential elements of the transaction, such as closing date, sales price, and amount of your deposit.

5. Ensure that there is a proper home inspection clause.

6. Your real estate broker will assist you in completing the offer form but cannot give you legal advise as to the complete terms that you are signing and potentially bound to.

7. Determine if the mortgage contingency is carefully written.

8. The mortgage market is turbulent. A real estate attorney generally works with numerous lenders and can be a good double-check on your proposed mortgage professional. And if you aren’t yet working with a mortgage professional, a real estate attorney can provide with a list of sound lenders.

9. An attorney can discuss the current tax credits available to buyers.

10. Purchasing a home is likely the largest investment you will ever make. Get proper legal advice from the outset.

Seller Representation

More information to follow.

Wills/ Estate Planning

More information to follow.