Articles on Real Estate Dispute Posts

Condominium Insurance – Surprise, Surprise

As if condominium living presented enough mysteries, there’s the ultimate mystery: condominium insurance. All condominiums must be insured, and the policies that condos usually have is known as a “master liability insurance policy”. These policies, like most insurance policies, have…

Condo Fees In Massachusetts: You Have to “Pay to Play”

Condominium ownership is, in theory, a democratic form of existence. The common areas and facilities—usually the structure of the building(s), roof, grounds, central systems, etc.—are controlled by a democratically elected board of trustees. The trustees also have the right to…

Alan Scores Major Victory in Bankruptcy Case

Alan recently secured a favorable decision for a creditor client in a case in the U.S. Bankruptcy Court in Rhode Island that involved misconduct by the debtor. The debtor, himself a bankruptcy attorney, filed for bankruptcy in early 2010. He…

Alan Wins Arbitration on Novel Legal Issue Concerning Real Estate Deposit

On September 1, 2011, Alan secured an award for his client in an arbitration proceeding which raised a question of first impression in Massachusetts: What happens when a buyer gives a deposit on real estate to the seller’s real estate…

Collecting Past Due Condominium Fees

Condominium fees, which in “legalese” are known as common area maintenance fees, are the lifeblood of any condominium’s operations. In an uncertain economy where many condominium unit owners find themselves jobless, underemployed, or simply making less of an income than…

Mold: Easy to Remediate, Tough to Compensate

The health consequences of mold exposure are relatively new in the world of public health, but an evolving body of medical research has demonstrated it to be a serious condition. The signs of exposure Mold typically develops as a result…

Suing The Broker: A Tougher “Sell” Than You Think

When a real estate transaction goes very wrong, buyers often look for someone to blame. Sometimes the seller is the object of the buyers’ wrath. In other instances it’s their home inspector. Still other times it’s the buyers’ attorney. But…

Sewage Backups–Does a Bad Odor Mean a Good Case?

During a four-day period from March 12-15, parts of eastern Massachusetts received up to 10 inches of rain. While there was widespread flooding throughout the region, many people also experienced backups of raw sewage into their homes, mostly in bathrooms…

Security Deposits: The Latest Major Decision

It has always been a risky proposition for a landlord to take a security deposit from a tenant in Massachusetts. But as a result of a recent decision by the Massachusetts Appeals Court, tenants have acquired even greater leverage in…

Deposits, and maybe deposit(ions)

I regularly become involved in disputes concerning deposits on real estate. These disputes generally arise after parties have execute a purchase and sale agreement and a buyer tenders to the broker the amount of the deposit that is required under…

[shareaholic app="share_buttons" id="21332620"]