Feb 14, 2025 | Buying Real Estate, Consumer Tips, Home Buyer Tips, Home Buying Tips, Home Mortgage, Home Mortgage Tips, Home Seller Tips, Home Selling Tips, Home Tips, Housing Market, Investment Properties, Mortagage Tips, Mortgage, Mortgage Lenders, Mortgage Tips, News, Real Estate, Real Estate Agent Information, Real Estate Tips, Real Estate Trends, Realtors, Selling Real Estate, Selling Your Home
Below is our summary of significant legislative development that impacts our industry. The Massachusetts General Court has introduced a bill titled “An Act protecting consumer rights in purchasing safe and habitable homes.” This bill, presented by Representative Brian M. Ashe and others, aims to enhance consumer protection by ensuring that buyers have the right to conduct home inspections when purchasing residential properties. Below, I have provided a detailed summary of the key provisions and implications of this bill for real estate professionals.
The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
- Buyers have the right to have the property inspected within 10 days of the seller accepting their offer, unless a different period is agreed upon in writing.
- Sellers cannot condition the acceptance of an offer on the buyer waiving their right to an inspection, except in certain cases like auctions or sales to close family members.
Every offer to purchase must include a clause informing the buyer of their right to an inspection and the conditions under which they can revoke the offer if significant defects are found.
- Sellers must comply with the inspection rights and cannot accept offers that waive these rights unless specific exceptions apply.
- Violations by sellers can result in damages to the buyer and civil penalties.
An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.
This bill is designed to protect consumers by ensuring they have the opportunity to identify any significant issues with a property before finalizing the purchase.
The legislation has several implications for for real estate agents, brokers and Realtors:
Disclosure and Compliance:
- Real estate agents must ensure that all offers to purchase include the required language informing buyers of their right to a home inspection.
- Agents must be aware of the 10-day inspection period (or longer if agreed upon) and ensure that this is communicated clearly to both buyers and sellers.
- Agents cannot advise or encourage sellers to condition the acceptance of an offer on the buyer waiving their right to an inspection, except in specific cases like auctions or sales to close family members.
- They must ensure that sellers do not accept offers from buyers who indicate an intention to waive the inspection right, unless the exceptions apply.
Legal and Financial Implications:
- If a seller violates the provisions of this bill, the real estate agent could be implicated in any resulting legal actions or penalties. This includes potential civil penalties and damages to the buyer.
- Agents need to stay informed about the legal requirements and ensure their practices comply with the new regulations to avoid liability.
- The bill enhances consumer protection, which may increase buyer confidence in the real estate market. Agents can use this as a selling point to assure buyers that their rights are protected.
- Agents should be prepared to guide buyers through the inspection process and help them understand their rights and options if significant defects are found.
Overall, real estate professionals will need to adapt their practices to ensure full compliance with the new regulations, prioritize transparency, and protect the interests of their clients. This may involve additional training and adjustments to standard operating procedures.
Statutory Offer to Purchase Language
According to the bill each offer to purchase a residential structure or residential condominium unit shall include the following language:
“Buyer is entitled under section 115 of chapter 93 of the General 33 Laws to choose to have the premises inspected at Buyer’s expense within 10 days, or longer as Seller and Buyer may agree in writing, of Seller’s acceptance of Buyer’s offer to purchase. Unless one of the exceptions in said section 115 applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller or Seller’s agent within 5 business days of the date of the inspection, or longer as Seller and Buyer may agree in writing. Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”
Understanding and complying with this new legislation is crucial for all real estate professionals. By staying informed and adapting practices, we can better serve our clients and uphold the integrity of our industry. If you have any questions or need further clarification on this bill, please do not hesitate to reach out to one of our Real Estate Attorneys.
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Aug 25, 2023 | Mortgage
There are many homeowners who hire contractors to make repairs or upgrades on their homes. It is critical for home improvement contractors to follow all rules and regulations set forth by the law. These regulations have been set forth under the Home Improvement Consumer Protection Act, or HICPA.
An Overview Of The Home Improvement Consumer Protection Act
The Home Improvement Consumer Protection Act was put forth to ensure that homeowners and contractors come to an appropriate agreement. Some of the rule and regulations that are included in the Home Improvement Consumer Protection Act include:
- All contractors need to obtain a registration number
- Home contractors are required to register with the Office of the Attorney General
- All home contractors need to pay the required registration fees
Finally, the Home Improvement Consumer Protection Act also specifies the various terms that need to be included in each agreement set forth by homeowners and contractors. Any contractors agreed to by contractors and homeowners need to comply with the Home Improvement Consumer Protection Act. The purpose of this act is to protect homeowners against fraudulent contractors.
What Happens If An Agreement Does Not Follow The Rules?
If an agreement does not abide by the regulations included in the Home Improvement Consumer Protection Act, then there might be liability in a civil court. Furthermore, there could even be criminal charges that result.
In the event that a homeowner enters into civil litigation against a home contractor, the first item that lawyers will look into include the regulations under the Home Improvement Consumer Protection Act. If the contractor violated any of the regulations, the HICPA may also specify penalties that might be levied against the contractor.
When Does The Home Improvement Consumer Protection Act Apply?
There are only a few exceptions where the HICPA would not apply to a home improvement job. Even though the definitions under the HICPA are very broad, this act does not apply to contractors who earn less than $5,000 of taxable income in a given year. Finally, the HICPA applies only to home improvements. It does not apply to the construction of a new home. The act also does not apply to the sale of any home appliances.
If you are in the market for a new home or interested in listing your current property, be sure to consult with your trusted real estate professional.
May 18, 2023 | Mortgage
Getting a mortgage is a significant financial decision, and it is crucial to ensure that you are financially prepared before applying for one. Conducting a quick financial health check before applying for a mortgage can help you determine your financial standing and your ability to afford a mortgage payment.
Here are some reasons why you should consider conducting a quick financial health check before applying for a mortgage:
- Check your credit score: Your credit score is an important factor that lenders consider when deciding whether to approve your mortgage application. Check your credit score to see where you stand and take steps to improve it if necessary.
- Review your debt-to-income ratio: Lenders will also look at your debt-to-income ratio, which is the amount of debt you have compared to your income. If your debt-to-income ratio is too high, you may not be able to qualify for a mortgage. Try to pay down debt and increase your income to improve your debt-to-income ratio.
- Calculate your down payment: Most lenders require a down payment of at least 20% of the purchase price of the home. Calculate how much you’ll need for a down payment and make sure you have enough savings.
- Determine your monthly housing costs: Take a look at your monthly income and expenses to determine how much you can afford to spend on your mortgage payment, including property taxes and insurance. Make sure you’re comfortable with the monthly cost before applying for a mortgage.
- Get pre-approved for a mortgage: Once you’ve completed these steps, it’s a good idea to get pre-approved for a mortgage. This will give you an idea of how much you can borrow and the interest rate you’ll receive.
Conducting a quick financial health check before applying for a mortgage is a smart move. It can help you identify any financial issues, improve your mortgage eligibility, and ensure that you are prepared to take on the financial responsibilities of homeownership.
By following these steps, you’ll be able to quickly assess your financial health to increase your chances of being approved for the loan and determine whether you’re ready to apply for a mortgage.
May 3, 2023 | Mortgage, Real Estate
When it comes to buying or selling a home, working with an experienced real estate agent can be the difference between success and failure. Not only do agents possess access to the Multiple Listing Service (MLS) — a comprehensive database of properties for sale — they also provide invaluable insight into local markets, saving buyers and sellers time by handling many of the tedious tasks associated with transactions.
Access To The Multiple Listing Service: MLS
From scheduling showings and negotiating offers to managing paperwork from start-to-finish, having an experienced professional on your side makes all the difference in navigating even complex deals without any hassle. Furthermore, their knowledge allows them to source homes that match exactly what you’re looking for — saving hours of research at no extra cost!
A Real Estate Agent Saves Time
Real estate is never easy, but having someone who knows how this industry works inside out gives you peace of mind throughout every step along the way. Whether you’re buying or selling a property; entrusting these responsibilities to an expert means allowing yourself more free time while knowing that your transaction is in capable hands.
An Agent Can Help Identify Potential Concerns With The Home
For buyers and sellers alike, partnering with a qualified real estate agent can make all the difference when it comes to navigating the complex world of real estate. From uncovering potential issues that may have gone unnoticed to negotiating for better prices on both ends – an experienced agent has the expertise needed to simplify and expedite transactions while ensuring their clients get what they deserve.
Save Money And Negotiate On The Final Price
A knowledgeable professional can spot problems such as structural damage or legal hiccups that may be hidden from novice eyes; helping buyers avoid costly repairs or fees down the line. Sellers, too, benefit from working with an agent who knows how to maximize exposure of their property in order to attract potential buyers, ultimately fetching them top dollar for their home.
Work With A Qualified Real Estate Agent
Real estate agents offer countless advantages over going it alone when buying or selling a house; understanding local markets, saving time by streamlining processes, and employing savvy negotiation skills are just some of them! Ultimately, investing in an expert partner is often well worth it — so don’t hesitate to ask for help today if you’re looking into making your next move!
Apr 27, 2023 | Mortgage, Real Estate
A mechanic’s lien is a legal claim placed on a property by a contractor, subcontractor, or supplier who has provided labor, materials, or equipment to improve the property. The lien serves as security for the payment of the debt owed to the party who provided the services or materials.
Mechanic’s liens are typically used in the construction industry, where contractors and subcontractors may perform work on a property and then have difficulty obtaining payment from the property owner. The lien provides the contractor with a legal means to collect payment for their work by placing a hold on the property until the debt is satisfied.
How a Mechanic Lien is Placed
To initiate a mechanic’s lien, the contractor or supplier must follow a specific set of procedures, which can vary depending on the jurisdiction. Generally, these procedures involve filing a notice of claim with the appropriate government office, notifying the property owner of the claim, and giving the owner an opportunity to dispute the claim.
If the claim is not disputed, the lien will remain on the property until the debt is paid. If the debt is not paid, the lien can be enforced through legal means, such as a foreclosure sale.
Reasons a Mechanic Lien Would be Placed
There are several reasons why a mechanic’s lien may be placed on a property:
- Non-payment: The most common reason for placing a mechanic’s lien is non-payment. A contractor, subcontractor, or supplier may place a lien on the property if they have not been paid for their work, materials, or services.
- Breach of contract: If a property owner breaches a contract by failing to pay for work that has been completed, a contractor or supplier may place a lien on the property.
- Unpaid taxes or fees: Mechanic’s liens may also be placed on a property if the property owner has not paid property taxes, assessments, or other fees associated with the property.
- Fraudulent or deceptive practices: In some cases, a mechanic’s lien may be placed on a property if the property owner engaged in fraudulent or deceptive practices, such as misrepresenting their financial position or misrepresenting the scope of the work that was required.
- Dispute over work performed: Occasionally, a dispute may arise between a property owner and a contractor or supplier over the work that was performed. In such cases, a mechanic’s lien may be placed on the property as a way to resolve the dispute and secure payment for the work that was completed.
It is important to note that the laws surrounding mechanic’s liens can vary from state to state, and the specific reasons for placing a lien may also differ depending on the jurisdiction.
Mechanics’ liens can be complicated, and the laws surrounding them can vary from state to state. Therefore, it is recommended that contractors and property owners consult with an attorney who is familiar with the relevant laws in their jurisdiction.
Nov 22, 2022 | Mortgage
There are a lot of pests that may try to make their way into your home, and they can cause significant health and safety issues in addition to detracting from your property values. It can be very difficult to remove infestations once they have infiltrated your home, so it is always better to prevent them from happening. What are a few tips you should keep in mind?
Seal The Doors And Windows
One of the easiest ways for pests to get into your home is to crawl through open doors and windows. Therefore, you should start by sealing your doors and windows from time to time. You may want to reach out to an expert who can evaluate your doors and windows for possible cracks and crevices. By eliminating them, you make it significantly harder for pests to infiltrate your house.
Properly Dispose Of Trash And Recycling
You should also properly dispose of all garbage and recycling. As long as it is safe for you to do so, try to put food down the garbage disposal. Then, don’t forget to clean your garbage disposal from time to time. Furthermore, try not to wait until your trash is overflowing to take it out. Also, be sure you rinse all of your recycling before you put it in the recycling bin. That way, it becomes less attractive to pests.
Clean Your Drains Regularly
Remember that you should also clean your drains regularly. Your drains can collect a lot of mold, mildew, strange odors, and food waste that become attractive to pests. While you might once the drains after you put food down them, that is not enough. You should try to deep clean your drains regularly to prevent pests from taking advantage of them.
Keep Pests Out Of Your Home
Ultimately, these are a few of the most important tips you should keep in mind if you want to keep pests out of your home. A pest infestation can become a serious health risk while also making your home less attractive to a potential buyer. If you believe you have a pest infestation, reach out to a professional who can help you.
