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Caveat Emptor

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      

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You’ve Got to Know When to Hold ‘Em.

“You’ve got to know when to hold ’em
Know when to fold ’em
Know when to walk away
And know when to run
You never count your money
When you’re sittin’ at the table
There’ll be time enough for countin’
When the dealin’s done.”
– Kenny Rogers

Mortgages are a bit like gambling. You never know when the “perfect time” to initiate a new mortgage is, because there is always a risk that interest rates could go down slightly right after you sign the documents; however, there is always a risk that rates could also rise. The good news is that you can always refinance if rates drop, so unlike gambling, you can “fix” a bad hand.

Right now is a great time to buy (or refinance if you haven’t already done so). Mortgage rates are still really low and  housing prices have stabilized. Of course, nobody wants to pay more than they have to for their home. Here is how to “win” the mortgage game:

1. Connect with a really good loan officer.* He or she will help you to obtain the best mortgage rate available based on your income, liabilities, assets and credit score;
2. Correct your credit score, if needed;
3. Consider a 15 year mortgage instead of a 30 year. The monthly payments are often only slightly higher, but you can save a ton of money by minimizing how many years you are paying interest;
4. Take your pre-approval and start looking for a new home with a realtor; and
4. Retain an awesome attorney to close your mortgage!

Curious about the current mortgage rates? Check out this website:
https://themortgagereports.com/47095/mortgage-rates-today-january-21-2019-plus-lock-recommendations

Wondering about how much a mortgage might cost? For a ball park range only, peek at this one:
www.mortgagecalculator.org

If you just want to listen to Kenny Rogers:
https://www.youtube.com/watch?v=UyARoGIzmKk

As always, please let us know if we can help with a real estate or any other legal matter.

Regards,
John & Faye
* If you are in need, we are happy to recommend a really good loan officer. 

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Television Lawyers

If you follow us on Facebook*, you probably know that we love to reference movies and television shows. We bet you know some of these names: Vinny Gambini. Rachel Zane. Saul Goodman.  Fletcher Reede,   Sol & Robert. Rebecca Bunch.  Lionel Hutz.  Elle Woods.

What do all of these names have in common? They are all attorneys created by Hollywood and take creative liberties about what it like to practice law in the real world.

1. Attorneys are more like chess players than dramatic actors If you walk into a court house, you won’t see lawyers slamming their fists on the table or hear dramatic music. What you will find is lawyers huddled in a corner or in a conference room, trying to position their client in the most favorable way. There are, however, those Elle Woods toe tapping moments, where a new realization changes our next move.

2. Attorneys are actually decent people. Being an attorney means that you get to help people in your community with real solutions. We are generally nice people, just trying to perform a service, not the nasty, self serving jerks that Hollywood often makes us out to be.

3. Attorneys are pretty honest.  We present evidence that is favorable to support our client’s position. We can be creative in arguments and questioning.  We can present alternative explanations.  Much to the surprise of some clients and as Fletcher Reede once said, we “cannot lie.”

4.  Attorneys put a lot of work into an argument.  Good attorneys can make a strong argument and make it appear effortless.  One of our best friends participated scholarship pageants when we were in college. Did she wake up every morning looking like a Disney princess?  Nope, but she wanted to win, so she practiced her singing and spent a lot of time fine tuning her interview skills.  Similarly, attorneys spend hours, days and months looking at evidence and planning to argue our client’s position.

Who is your favorite lawyer on television or in a movie?**

If we can assist you in any legal matters, please call or email us at fayejslgal.com.

Regards,
John & Faye

* If you don’t, you should: https://www.facebook.com/Wjslegal/?ref=bookmarks
** Ours is currently Saul Goodman!

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Clark Griswold

 

“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

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Famous.

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 .”