Posts

The real estate market is so hot right now. Last month looked like mid summer in terms of activity, which is unheard of but also a very positive sign for spring (especially since interest rates just went down more)!

We would be lying if we said it was one demographic group coming through our doors. We are seeing younger, older, single and married individuals, as well as first time homeowners, people buying second homes or investment properties, as well as refinances, new construction and flips!

There is not one mortgage type that is a “one size fits all” for these situations. Realtor.com published a great article about the different types available:

www,realtor.com/advice/finance/types-of-mortgages

If you have questions regarding mortgages (or need contact information for an awesome loan officer), please feel free to reach out to us!

We are going to let you in on a little secret. Sellers do not need to attend the closing when they sell a property. In fact, many attorneys would prefer that sellers do not. Here’s why:

1. Small talk between the parties can be downright scary. We recently worked with a buyer who, mid-closing, asked the seller why there were coffins in the basement. Yes, you read that correctly. COFFINS.

It’s safe to say that it was a pretty scary few seconds until the seller gave a “reasonable” response. While this question is a once in a lifetime, small talk between the parties always has the potential to derail a transaction and nobody wants that to happen.

2. In most cases, the seller leaves the closing table without a check in their hands (unless the closing happens at the Registry of Deeds). The transfer of ownership needs to be “on record” before the seller receives a check or wire for their proceeds. Recording may take a couple of hours, especially where some lenders require authorization prior to filing documents at the Registry and (electronic) recording takes a little while to process.

3. Your attorney can sign documents on your behalf with a Limited Power of Attorney. By having your attorney sign for you, your time can be spent signing documents for your next home, working or having coffee with a friend.

A Limited Power of Attorney allows someone to act on your behalf for a specific transaction or purpose. By contrast, a Durable Power of Attorney allows someone to assist you more broadly with legal and financial matters.

As always, please let us know if you have questions about this topic, need representation in the sale or purchase of a home, as well as any other legal matters.

If you are interested in this topic, you may enjoy this article :
https://www.realtor.com/advice/sell/5-tips-se lling-a-home-from-out-of-state.

Regards,
John and Faye

Caveat Emptor

Buying a house is a huge investment. Unless you build the house for your family, there may always be some things that you don’t know about your house before you buy it or for years thereafter.
 
Imagine that of one of the previous owners had died years earlier. The Seller may or may not have actual knowledge of anything that occurred prior to their ownership. Nonetheless, the Seller has no obligation to
tell the Buyer if the person died in the home unless the Buyer asks a direct, specific question about it (ie. Has anyone ever died in this house?).
 
Massachusetts law puts the burden on the Buyer to ask the “right”
questions of the Seller. The most significant way that most Buyers do their due diligence is by getting a very thorough inspection; however, there are two exceptions to this rule:
 
1. Lead paint: Under Section 197a, prior to signing a Purchase and Sales, the Seller must provide a signed copy of a lead paint disclosure. 
The Property Transfer Notification Certification advises the Buyer about
the general dangers of lead paint and provides any information that the Seller might have about its presence in the property. This is one of the few documents that the real estate agents must sign during the entire
transaction, but they are only confirming that they presented the
information to the Buyer; and
 
2. Septic: Sellers must disclose whether there is a septic system on the property. Prior to closing, the Sellers must also provide a Title V which confirms that the system is working properly.  Many Sellers will have the Title V inspection done prior to listing their home to avoid any potential issues that might be raised.
 
Some Buyer questions may also be answered by a simple Google search.  Most sellers would not disclose if the house had some friendly (or unfriendly) ghosts; however, a simple online search might provide an answer to a curious Buyer.
 
Is there anything that you would want or not want to know about
your house?
 
As always, please let us know if you have any questions about this
or any other legal matters.

Regards,
John & Faye      

 

“Unravel these. We need to check every bulb. Ooops. Little knot here, you can work on that.”
-Clark Griswold to his son, Russ, as he hands him 25 strands of Christmas lights

You can admit it. You LOVE decorating for the holidays. Tell us the truth: are you a more HGTV or Clark Griswold?

Decorating your home can really get you into a festive mood for any holiday; however is it a good idea to decorate for the holidays when you are getting ready to sell your house? We asked a realtor her thoughts on this important question. Her answer was “it depends” and “maybe.”

It depends whether you have already taken marketing photos of your house: Marketing photos of your house should not include holiday decorations. Any decorations will “date” your photos and might make your home appear as though it has been on the market for a long time.

Decorating can make or break your staging: Decorating a home that is already on the market can help people to visualize themselves celebrating future holidays there too. Decorations should be traditional and serene. For instance, pumpkins and corn stalks are perfect for Halloween and Thanksgiving. Single colored lights will highlight your landscaping and a small Mensch on the Bench may provide a dash of blue color on white shelves. Overall, as a former law professors once said, “keep it simple.”

For specific ideas, HGTV has some thoughts on staging your house during the holidays:
https://www.hgtv.com/design/real-estate/staging-tips-for-selling-during-the-holidays

What is YOUR favorite holiday to decorate for every year?

As always, please let us know if we can help you with this or any other matter.

Warm Regards,
John and Faye

One of the fun things about living and working in North Attleboro is the vibe during football season.  We love the game and our football families; they support our community and we support them, often by just protecting their privacy.

 

The fascination that people have with “celebrity” is not always easy to understand. It’s something that we think about from time to time and can never truly reconcile.

 

Soon after Aaron Hernandez got arrested, someone asked me where he lived; the address and photos of the home were blasted across every news station, but this person wanted to know how long it would take to drive their from their current location and directions to the house (NO!).    Prior to it being sold to an investor last year, we would hope gawkers stayed away out of respect for the neighbors and that only truly interested & qualified buyers toured the home out of respect for the real estate agent.

 

The Mayo family recently shared their family tragedy with the world with the hopes of finding their dog, Knox, and helping other families; however, some people on social media took it as an opportunity to ask where the family lives; they were not asking for a town, which was obvious from news coverage, but for the street address. WHAT? SERIOUSLY?

 

We, too, are guilty of some curiosity. During a late night Google search for random Guns and Roses trivia, we came across photos of Axl Rose’s house in Malibu, CA. We had never thought about what his house would look like, but certainly it should be worthy of a rock star, dark and mysterious, with empty whisky bottles all over the floor. Apparently, his house is in a surfing community and is about as bad ass as a rainbow unicorn covered in pink sparkles. We found it interesting and shared it on our Facebook page.*

What is it about celebrities and where they live that is so fascinating to people? We think that it’s about feeling connected to something bigger than us, whether it be a person, story or history, but here is an old article that discusses the phenomenon:

https://mn2s.com/news/talent/what-makes-us-so-interested-in-the-lives-of-celebrities/

 

As always, please let us know if you have any questions regarding real estate or any other legal matter.

Warm Regards,
John & Faye

*If you don’t already follow us on Facebook, please do! Our page name is “Law Office of Weiner Jackson & Simmons .”