Massachusetts Real Estate Lawyer Blog

Massachusetts Homeowners Have Less Leverage over Contractors and Subcontractors Under New Law

Published on: August 19, 2014 | by Pulgini & Norton, LLP

The Massachusetts construction industry has been rocked by a new law, passed by the legislature as Senate Bill 2271.

The law reduces the amount of money property owners and developers can withhold from general contractors who in turn withhold from subcontractors working on their building projects, a practice called “retainage.”

Owners and developers claim to need the leverage that retainage gives them over subcontractors especially toward the end of a project to ensure that the subs will stay on the job and finish their work, especially if problems arise.

When Local Zoning Laws Conflict with FEMA Regulations

Published on: August 12, 2014 | by Pulgini & Norton, LLP

Zoning laws can be confusing to homeowners in terms of what kinds of permits and procedures need to be followed to pursue a home remodeling project. Different codes and permits may apply, depending on the structure’s size and location.

It is especially complicated where the existing lot and structure are nonconforming to start with, and the homeowners have to bring some or all of the nonconforming elements of their property into conformity with current zoning laws.

Now add to the mix Federal Emergency Management Agency (FEMA) building requirements for properties located in a “velocity zone,” which may require pilings with an elevation above the 100-year flood elevation.

Can I Use a Drone to Take Photos or Videos to Help Sell My House?

Published on: August 5, 2014 | by Pulgini & Norton, LLP

The Federal Aviation Administration (FAA) has taken an aggressive stance against using aerial drones – unmanned aircraft – for commercial purposes. The FAA has jurisdiction over U.S. airspace, which gives it the authority to prohibit anyone from flying drones for commercial purposes. This has brought the agency into conflict with farmers, for example, who want to use drones to monitor their crops and fields.

The regulations have also created a huge quandary for sellers of real estate, who have discovered that aerial photos and videos are incredibly effective tools for showcasing properties, whether vast country estates with extensive grounds or cozy cottages in leafy neighborhoods. The use of aerial drones to obtain such images is an inexpensive alternative and therefore quite cost-effective. The FAA prohibition, which companies interpret as precluding use of photos and videos taken by drones, has had a direct impact on this type of marketing for real estate.

The FAA recently investigated a New York area real estate company it suspects of using video footage from drone overflights to market its properties listed for sale. The agency asserts that it will not tolerate the unpermitted practice of using unmanned aircraft to take photos and videos of properties for sale.
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Living off Grid and Real Estate Law

Published on: May 14, 2014 | by Pulgini & Norton, LLP

It seems that no form of energy production is without controversy. Nuclear power poses threats of invisible radiation and nuclear waste while wind-power is anything but invisible with giant windmills built by extraterrestrials jutting above pristine landscapes. Solar power requires thousands of acres to produce any usable electricity for the Grid and obviously struggles at night, while coal threatens to turn the earth into an oven in the not-too-distant future.

For those who want to do their part for the environment and live off Grid, personal energy production in the form of solar, wind, or even micro hydropower seems like a responsible option. However, your decision may quickly remind you why public utilities exist when your neighbors object to your 132 foot high windmill, or when your massive solar panels turn your house into a earth-bound version of the International Space Station.

Windmill proposal in Bourne, Mass. blown away

How a Real Estate Lawyer Can Help You With Zoning Restrictions

Published on: April 9, 2014 | by Pulgini & Norton, LLP

Whether it’s development agreements, specific plans, tentative maps, traffic issues, water issues, or condition use permits; a good real estate attorney from Pulgini & Norton can help you sort through all the details in zoning restrictions.

If you are doing any form of construction, you need to know all the zoning restrictions for where you want to build. A comprehensive review of all of the zoning restrictions by an experienced real estate attorney before you purchase or lease the land is critical.

Zoning Restrictions and Land Use

WHY YOU NEED A REAL ESTATE ATTORNEY TO BUY THAT CONDO

Published on: March 12, 2014 | by Pulgini & Norton, LLP

WHY YOU NEED A REAL ESTATE ATTORNEY TO BUY THAT CONDO

When buying a condominium, you should retain a real estate attorney to go over every detail of the transaction from purchase and sale agreements to the bylaws of the condominium association. A real estate attorney will make sure everything is consistent with current state law and favors you the buyer.

Are Your Future Neighbors Happy?

Does Your Employer Play a Role in Your Workers’ Compensation Claim?

Published on: February 26, 2014 | by Pulgini & Norton, LLP

Absolutely yes.

The employer is responsible for the appropriate form to be filed correctly and on time. Even if the form is rejected because of incomplete information or mistakes in the report, it is their job to re-file the form with all the correct information as quickly as possible.

Proper Paper Work

What Do Real Estate Attorneys Do?

Published on: December 18, 2013 | by Pulgini & Norton, LLP

In a sentence, your real estate attorney protects your rights when you are dealing in real estate. A real estate agent can help you find the right home but a real estate attorney will ensure that you get into that home without any hidden surprises.

You might think that you don’t need to worry about hiring a real estate attorney when you are in the final process of buying or selling real estate but without an experienced attorney reviewing the final agreement, you could find yourself with duties and fees that you weren’t expecting. By having an attorney review all the documents prior to closing you can avoid being surprised by unclear and misunderstood agreements.

Buying A Home? Here’s What An Attorney Will Do To Help

First-time Home Buyer? How a Real Estate Attorney Can Help You.

Published on: November 27, 2013 | by Pulgini & Norton, LLP

As a first-time homebuyer, all you may see is a dream come true. However, you may soon realize that your future home is really a pie, and everybody involved has their finger in it. Yes, all those nice people helping you buy your home are doing it for the money.

Not that there is anything wrong with working for money, but how many of the people and companies involved in your transaction actually represent you? At first, you may see a real estate attorney as just another finger in the pie, but when you realize that every other entity involved in your transaction has legal representation, do you really want to go in alone? If anything goes wrong, you easily could be the one paying the price for someone else’s negligence. Your real estate attorney makes sure that doesn’t happen.

What your real estate attorney will do

Review your contract – Often real estate contracts are just boilerplate (generic contracts) that may ignore the special circumstances of your transaction. Your real estate attorney will make sure your interests are protected and that all other entities involved in the contract have performed their obligations.

Home Prices in May Saw Largest Increase Since 2006

Published on: August 7, 2013 | by Pulgini & Norton, LLP

Home prices rose in May by the greatest margin in more than six years as the housing market recovery gains momentum. The S&P/ Case-Shiller index climbed 12.2 percent from May of 2012, marking the biggest twelve month gain since March of 2006.

Record low borrowing costs, short supply and an improving job market are boosting demand for residential homes and driving prices up. An economist stated, “We continue to look forward to upward momentum. We still have historically low inventory levels.”

The year-to-year gauge compares figures back to 2001, and provides a better indication of price trends. All twenty cities in the index showed an increase in year-to-year prices, led by gains of 24.5 percent in San Francisco and 23.3 percent in Las Vegas.