Massachusetts Supreme Judicial Court decision imperils private property rights; MESA a good law with bad implementation Reply

A screenshot of Massachusetts Priority Habitat GIS Map overlay that shows how much of the Pioneer Valley that has been designated a priority habitat, which is shown in yellow. Click on the photo for a larger view.

The Massachusetts Supreme Judicial Court (SJC) recently upheld a lower court’s ruling regarding the authority of Division of Fisheries and Wildlife, also known as MassWildlife, to designate certain areas as a priority habitat under the Massachusetts Endangered Species Act (MESA), thereby limiting a private landowner’s use of their property without recognizing said landowner’s property rights.  

Amherst selectmen approve $100 rental property registration fee; occupancy restriction seems to conflict with fair housing law Reply

Call Michael Seward at 413-531-7129 if you are planning on buying or selling a home in Amherst or surround communities.

The Amherst Board of Selectmen recently approved a rental registration fee of $100 that will go into effect January 1 and will need to be renewed annually, according to Masslive. The new fee is part of a rental housing bylaw that was approved by Town Meeting back in May, but the town’s occupancy restriction seems to conflict with Massachusetts fair housing laws as it targets single and young people.

Masslandrecords.com a better resource to obtain a copy of your Pioneer Valley deed Reply

Last week, Massachusetts Attorney General Martha Coakley issued a press release warning residents about so-called “deed collection services”, which offer a copy of a homeowner’s deed for fees ranging from $50 to $90.  The warning was issued because deeds are public records that are generally available for free online or for a small nominal fee.

Belchertown State School site redevelopment highlights the importance of due diligence when buying or selling real estate Reply

The lack of progress redeveloping the former Belchertown State School site is a basic case of a lack of due diligence.

The redevelopment of the former Belchertown State School property is a classic case of what results when a buyer and a seller fails to conduct due diligence when buying or selling real estate.  Not only does a buyer need to investigate the property they are purchasing, but the seller needs to ensure a buyer’s ability to perform.  The quasi-governmental organization that owns the property has failed to perform adequate due diligence as a buyer and as a seller since taking ownership of the property in 2002, which has cost them money and has significantly slowed the process of redeveloping the site. 

Amherst approves rental property registration and permitting requirement Reply

A residential street lies adjacent to the UMass campus. Note the UMass library in the background.

To address issues resulting from the density of off-campus student housing and absentee landlords, the town of Amherst recently adopted a permitting system for rental properties.  It will go into effect on January 1, 2014.

Video offers history of the first REALTOR® ethics code 100 years ago Reply

This year marks the one-hundredth anniversary of the REALTOR® Code of Ethics. The history of how the ethics code came to be is an interesting one and worth exploring further. While I would love to expound on the history of the code, a member of the REALTOR® board of the San Francisco Bay Area, the Bay East Association of REALTORS® has posted an informative video on the topic (See below).

Massachusetts Supreme Court decides to hear case brought by Pioneer Valley landowner that could affect environmental land-use restrictions Reply

Imagine owning land that you intend to develop, but the Massachusetts Division of Fisheries and Wildlife, also known as MassWildlife, tells you that you can’t because it has been designated as a “priority habitat” under the Massachusetts Endangered Species Act (MESA), a law that doesn’t include language for such a designation.

Affordable Care Act will not result in tax on the sale of your home, despite claims to the contrary. Reply

The Affordable Care Act, also known as Obamacare, has a statute that affects certain real estate transactions.  This statute has caused confusion even among real estate sales professionals and, subsequently, people who are thinking about selling their home have held off because they have the wrong information.

Starting on January 1, a 3.8% tax on the sale of investment property will go into effect (It also applies to some income from interest and dividends).   This tax does not apply to the sale of your primary residence nor does it apply to the sale of all investment property.

The type of smoke-detectors your home has can be the difference between life and death Reply

Massachusetts law stipulates what types of smoke detectors are needed and where they should be located.

Anyone who has ever sold a house in Massachusetts knows that the smoke detectors and carbon monoxide detectors need to be certified by local fire officials before the deed can be transferred to a new owner.

A bill addressing short sales could help prevent declining home values and declining personal wealth Reply

A new bill has been submitted that will require lenders to respond to short sale requests in a timely manner.

Short sales are when a homeowner sells a property for less than what is owed to the bank.  I have handled a few short sales and they are not fun.   I even had a situation where the bank took so long to respond that the buyer walked away from the transaction.   The bank then sold the property for less than the offer that was being considered, much to my chagrin.