5 06, 2015

Massachusetts Regulators Lack Oversight in Implementing New Rules for Dementia Care

June 5th, 2015|

Under state rules, all licensed nursing homes in Massachusetts are required to complete dementia-specific training for their employees who care for residents, by the end of November 2014.  The rules were implemented to close a loophole that allowed nursing homes to advertise dementia units without providing specialized training for their workers. Some of these rules include the specialized activities for the residents and the safety measures to prevent the residents from wandering.  These rules are

10 04, 2015

Beware Veterans! Proposed VA Rule Will Cut Long-Term Care

April 10th, 2015|

The VA has proposed a rule that seeks to limit a benefit available to wartime Veterans in need of long-term care.  As it currently stands, Veterans who served during  wartime and have either a non-service connected disability or are over the age of 65 can receive a “Veterans Pension” to help assist with the costs of long-term care.  In order to qualify, the Veterans need to meet certain income and asset requirements.  Generally speaking, the

2 04, 2015

Buyers’ Expectations and the Overturning Lending Model (Part Five of Five)

April 2nd, 2015|

It's a confusing time in the real estate world.  Demand for housing is on the rise, borrowing is more difficult, and buyers are demanding more for their investment.  Now, more than ever,  you'll need the right team to avoid delays, additional fees and unnecessary headaches. Your solid team should consist of: Your Real Estate Agent Always ask for a referral.  You'll have a better chance of finding an experienced professional who is knowledgeable about the area  (and whom you

20 03, 2015

Doctor’s Office Poses High Risk For Identity Theft

March 20th, 2015|

Identity theft has become a common concern in the increasingly digitalized world.  Most people do not realize that the healthcare industry is becoming increasingly susceptible to data breaches and identity theft. Last year alone, 10 million people in the U.S. were affected by healthcare data breaches.  The questionnaires and forms that you fill out for your health care providers and insurer contain the information needed for a criminal to steal your identity.  Health care businesses

16 03, 2015

Buyers’ Expectations and the Overturning Lending Model (Part Four of Five)

March 16th, 2015|

Both Residential and Commercial transactions are increasing. In this article, we discuss the increased number of transactions we are seeing. The first article focuses on how the lending climate has changed.  The second article touches upon Buyers’ changing expectations and how the Lending model is evolving to meet the new expectations.  The third contribution briefly comments on the improving economy and how this may impact the matter. We represent both buyers and sellers, and have seen over a

6 03, 2015

Landlords or Tenants: Who’s responsible for the snow and ice?!?

March 6th, 2015|

As most law professors say, "it depends"! More specifically, liability will normally fall on the least reasonable person in the mix.  However, most leases require the landlord to maintain the roof. In 2010, Courts stopped using the natural accumulation rule and replaced it with the more widely understood Restatement rules (a.k.a. the reasonable person standard). The Court overruled the natural accumulation rule to keep property (rental or owner occupied) safe for all visitors and guests. The

27 02, 2015

Buyers’ Expectations and the Overturning Lending model (Part Three of Five)

February 27th, 2015|

This is the third contribution discussing our interpretations of how real estate and lending is evolving.  The first article focuses on how the lending climate has changed.  The second article touches upon Buyers' changing expectations and how the Lending model is evolving to meet the new expectations.  This third contribution briefly comments on the improving economy and how this may impact the matter. There are several signs that the economy is on the uptick.  One indicator is expenses

17 02, 2015

Why Might the Traditional Home Buying / Lending Model be Overturning: Buyers’ Expectations and the Overturning Lending Model (Part Two of Five)

February 17th, 2015|

This is the second contribution of how real estate and lending is recalibrating.  The first article focused on how the lending climate has changed.  This second article touches upon Buyers' changing expectations and how the Lending model is evolving to meet the new expectations. Younger buyers are seeking turnkey homes.  In the recent past, it seemed that most young buyers were looking for homes that offered the sweet return of sweat equity.  Today, however, with ever

4 02, 2015

Why Might the Traditional Home Buying / Lending Model be Overturning? (Part One of Five)

February 4th, 2015|

From what I know about conducting residential and commercial closings over the past sixteen plus years, I can tell you that since the "recession", there were many new regulations enacted to eradicate predatory lending and marginal loans (to try to avoid the foreclosure "title" wave).  In doing so, however, regulators created a much stricter lending environment. For one thing, Fannie Mae and Freddie Mack, in addition to other loan guarantors, now back almost all mortgages.  Hence, more

22 01, 2015

Formation of Contracts Via Email

January 22nd, 2015|

In 2004, Massachusetts adopted the Uniform Electronic Transactions Act (G.L.c. 110G, §7(b)) making it clear that a contract can be formed and enforced under Massachusetts law when an offer is accepted electronically.  Recent Massachusetts case law maintains that a contract is still enforceable when neither party affixes a handwritten signature to a paper form of the contract if the contract was agreed to by an electronic record.  An electronic record is defined by the statute