real estate law – PK Boston Law

17 06, 2024

Brokers—It’s time to rewrite your Buyers Agreement!

Ingrid Hansen 2024-06-17T16:40:22+00:00 June 17th, 2024|Tags: Real Estate, real estate buyers, real estate law, Realtor|

Changes are coming soon due to the National Association of Realtors (NAR) proposed settlement. As of August 17, once an agent is “working with” a buyer, they must sign a new agreement before touring a home, including in-person and live virtual tours. The written agreements must: Include any provisions required by law; State that they are fully negotiable; Disclose the amount or rate of any compensation the broker will receive from any source; Show that

28 05, 2024

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

Ingrid Hansen 2024-05-28T13:22:25+00:00 May 28th, 2024|Tags: landlords, Real Estate, real estate law, tenants|

In our increasingly digital world, electronic communications like text messages, Slack channels, and e-mails are all integral to business operations. Can these quicker communication methods fulfill the same goals? More importantly, can they meet the requirements for exercising an option when the contract requires written notice by a more formal method? The Massachusetts Appeals Court recently addressed this issue in Sourcing Unlimited, Inc. v. Cummings Properties, LLC, 102 Mass. App. Ct. 653 (2023). The court considered

20 05, 2024

Massachusetts Supreme Judicial Court Narrows the Interpretation of the Anti-Lapse Statute

Ingrid Hansen 2024-05-20T16:28:24+00:00 May 20th, 2024|Tags: Real Estate, real estate law|

The Supreme Judicial Court (SJC) has refined the application of the anti-lapse statute, a crucial aspect of estate law aimed at preserving gifts to beneficiaries' heirs when they predecease the decedent. A recent case involving the will of Heather Hossack, prepared by a Connecticut attorney not licensed in Massachusetts, sheds light on the importance of clarity in estate planning. Heather Hossack's 2016 will stipulated a trust for her mother, Ethel Wyman, provided Wyman outlived her.

15 04, 2024

NAR Settlement: How This Will Change How Buyers and Sellers Pay Real Estate Agents

Ingrid Hansen 2024-04-15T14:14:35+00:00 April 15th, 2024|Tags: Real Estate, real estate law|

A $418 million settlement calls for the Chicago-based National Association of Realtors (NAR) to eliminate decades-old rules on commissions and make it easier for buyers to negotiate fees with their own agents or use no agents at all, Reuters reports. The accord resolves claims against more than 1 million members, state and local realtor associations, and most smaller brokerages. What's In The Settlement? The March 15 settlement comes after several years of litigation, including class-action

28 08, 2023

What Massachusetts Homeowners Need to Understand About the New Nitrogen Sensitive Area Regulations

Ingrid Hansen 2023-08-28T20:36:48+00:00 August 28th, 2023|Tags: Buying a Home, Real Estate, real estate law|

On July 7th, 2023, new regulations regarding Nitrogen Sensitive Areas (NSAs) from the Massachusetts Department of Environmental Protection (Mass DEP) went into effect. If you are a homeowner in Massachusetts, particularly in areas of NSAs, it is important to comply with the new regulations. As a real estate firm servicing clients in Southeastern Mass, we clarify these new regulations and share some steps you can take today to save yourself from any issues. Understanding Nitrogen

19 09, 2022

Does a Purchase and Sales Agreement Survive After the Seller’s Death?

Michelle Oliveira 2022-09-22T18:59:47+00:00 September 19th, 2022|Tags: estate documents, estate planning, Real Estate, real estate law|

Written by Michelle Oliveira When contracts are signed, there is a legally enforceable agreement. But what happens if aparty in the agreement passes away? The question is then whether the agreement remains intact, or if itcan become null and void? In a recent case, a Superior Court judge upheld the enforcement of a purchase and salesagreement where the seller passed away prior to the closing. The case, Liberty Hill v. Fernald, Lawyer’sWeekly No. 12-044-22, was

7 07, 2021

HOW ESTATE PLANNING PROTECTS YOUR REAL ESTATE

Michelle Oliveira 2021-07-07T17:58:01+00:00 July 7th, 2021|Tags: asset protection, estate law, estate planning, family, legal, Real Estate, real estate law, trust, trustees, trusts and estates, wealth management, will|

For title attorneys, it is common to see title issues arise from family property that was not disposed of or otherwise accounted for prior to a person’s death. Often, many of these issues can be avoided through planning. When someone owns property, no matter their age, it is important to think about their future and what they would like to happen with their property in the event of their death. Planning this in advance helps

22 06, 2021

The State of Emergency Has Ended but No Changes for Non-Payment of Rent Evictions

Paula Miller 2021-06-22T14:40:41+00:00 June 22nd, 2021|Tags: Boston Real Estate, COVID19 Relief, landlords, MA Housing, Real Estate, real estate law, rental aid, renters, tenants|

Effective June 15, 2021, the Commonwealth’s COVID-19 State of Emergency has been lifted. To provide temporary regulations during COVID-19, many provisions of laws and executive orders were put in place until the end of the State of Emergency. Related to evictions, it was expected that most provisions of Chapter 257 of the Acts of 2020 would not be required once the State of Emergency was terminated. On June 16th, however, Governor Baker signed a bill

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