Best Real Estate Lawyer in Brookline 23 Feb 2023 2:10 PM (2 years ago)
During the past two decades, I’ve had the privilege to refer to Attorney David Jensen on all Legal matters regarding real estate. Time and time again, Attorney Jensen has been a critical component to many personal decisions regarding real estate and has assisted many of my clients with both purchases and sales. I understand purchasing or selling a home is one of the most important milestones in a person’s lifetime. I proudly recommend his services because he has 30 plus years experience involved in a multitude of real estate transactions. Attorney Jensen always demonstrates in depth knowledge of all real estate matters, clarity and kindness. I’ve heard from multiple clients how he clearly explained critical elements of agreements and helped them to remain calm during sometimes stressful moments.
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Responsive and Easy To Work With 2 Dec 2013 10:25 AM (11 years ago)
“I have referred real estate clients to this firm for several years and my clients and I have always been pleased. The attorneys are responsive and easy to work with. Attorney fees are fair, they returns calls and emails quickly, and will make an extra effort to accommodate clients’ schedules by meeting with us in the evening or on weekends. Tatyana Anokhina
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Above and Beyond Expectations! 22 Nov 2013 10:21 AM (11 years ago)
“Look no further!! I am a Real Estate Broker in the Brookline/Boston area and I have worked with this firm on many successful transactions. Let’s face it, buying, selling and moving can be the most stressful process that anyone will ever go through……. Having a good attorney in your corner ensures that this transition is going to run as smooth as possible. This firm really goes way “above and beyond” the level of service received from almost all attorneys I’ve met. They are always efficient, but pay close attention to details. They really take the time to understand all the facts before deciding the best course of action for his clients. You can always expect a prompt return phone call or email. The best thing about having good real estate attorneys in your corner is when dealing with counterparts… opposing attorneys respect this firm, which in the end allows them to get whats in your best interest…..” Michael Forde
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The 1031 Exchange – An Effective Real Estate Investment Resource 15 May 2013 10:30 AM (11 years ago)
A 1031 exchange is known as a like-kind exchange and can be an effective tool for those who have investment real estate. When selling investment real estate, most people face a significant tax burden. A like-kind exchange can significantly reduce or even eliminate this burden, by deferring a capital gains tax which might otherwise arise at the time of the sale of investment property. The 1031 Exchange Rule Property can only qualify for a like kind exchange if the taxpayer follows specific rules as laid out by the US tax code. Investment properties can only be exchanged for properties that are another investment. For example, you cannot trade a business property for a residential property unless the residential property is going to generate income. One or more rental condominiums can, though, be exchanged for a multi-family home. The second (and perhaps most often violated) rule for a 1031 exchange is how the proceeds of the sale are handled. For example, you cannot take the proceeds from one sale and buy or pay off another property you own. This type of transaction will result in all proceeds being taxable. And very important, neither the taxpayer nor his or her representatives (attorneys and accountants included) can handle the proceeds during the exchange. The funds must be handled by a qualified intermediary. 1031 Exchange Deadlines The IRS also places guidelines on how much time an investor has to take advantage of a like-kind exchange. • 45 days: When selling a property, the seller has 45 days after the sale is complete to identify a new property to exchange. • 180 days: The final purchase and closing must be completed on the new property for the 1031 exchange to be valid. Another important note is that weekends and holidays are counted under Massachusetts law in these counts. This is especially important during November and December given the number of banking holidays that occur during these months. Important facts to keep in mind There are three guidelines that must be met in order for a like-kind exchange to be successful. They are: • The property has to be of the same nature – In other words, a seller cannot sell a strip mall and buy a vacation home. • Property value – the purchased property must be worth as much or more than the sold property. Otherwise, capital gains taxes may be due on the deficiency. • Ownership – the ownership of the purchased property must be the same as the sold property. For example, you cannot sell a property in your business name and buy a property in your personal name. When you are considering selling property and taking advantage of Massachusetts 1031 exchanges, it is a smart decision to hire an experienced real estate attorney to help you. We can help make sure your 1031 transaction meets all the requirements before you make a costly mistake.
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Security Deposit – Treble Damages and Legal Fees 15 Apr 2013 12:32 PM (12 years ago)
In an ongoing case, a management company prepared a check to a tenant who had recently vacated an apartment. The inspection of the unit disclosed no damages or defects. An assistant property manager mailed several such checks, but one of the security deposit checks was not sent. It was later discovered that the check in question had become attached to another file. The assistant realized the error approximately 1 week after the check was to be mailed and promptly mailed it to the former tenant. The check arrived 5 days after the 30 day deadline. The tenant hired an attorney who demanded 3x the security deposit plus legal fees due to the late receipt. Management company responded with an apology and an offer of 2 months which was rejected. The case will likely go to trial, the issue being whether the legislature intended for inadvertent mistakes on the part of employees of a landlord to require treble damages and legal fees.
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Land Court – Adverse Possession Claim 5 Apr 2013 12:30 PM (12 years ago)
A commercial client barred a neighbor from renting parking spaces on its property. The neighbor alleged ownership due to “adverse possession” claiming she had maintained sole control over the parking area in question for a period of 20 years. The case was tried before the Land Court. Due to careful preparation and detailed discovery, it was shown that the plaintiff could not have exercised control over the client’s parking area and a verdict for the client was issued.
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Personal Injury – Serious Head Trauma 20 Mar 2013 12:18 PM (12 years ago)
Our client was riding a motorcycle in a rural road in W. Massachusetts when he was attacked by a large German Shepard dog. The attack caused the client to fall from his motorcycle and in so doing, his ankle and leg were broken. In addition the fall resulted in serious head trauma. A lawsuit was filed against the owner of the dog and the person with whom the owner left the animal unattended despite clear instructions to keep the dog in its designated enclosure or on a leash. After lengthy negotiations with the insurers for both the dog owner and dog caretaker, a six significant settlement ( in six figures) was reached on behalf of the client.
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Brookline Zoning Board of Appeals – Deeded Parking Spaces 15 Mar 2013 12:18 PM (12 years ago)
Our clients were aggrieved by a decision of the local Zoning Board of Appeals, granting a developer the right to relocate their previously deeded parking spaces. An appeal was filed with the Land Court. After negotiations, the developer granted the clients indoor garage spaces, in return for their ceding their previously deeded outdoor parking spaces.
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Probate Court – Sibling brings suit against executor 15 Mar 2013 12:11 PM (12 years ago)
Our client was named by his last surviving parent as the executor of her estate. Part of his duties as executor was to sell the family home and dispose of valuable antiques and art work. One of his siblings brought suit alleging that her brother the executor sold their mom’s house for less than fair value and failed to properly account for the personal property (including art work) in the home. The case went to trial in the local Probate Court. Due to detailed discovery, including the deposition of the plaintiff, numerous interviews with other siblings, the real estate broker who listed and marketed the property and the attorney who guided the executor through the probate court process, the plaintiff’s allegations were proven to be without merit. The Court rendered a verdict in favor of the defendant.
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Commercial lease terms and security deposit 13 Feb 2013 8:05 AM (12 years ago)
Additional Info: I’ve recently exited a commercial lease in Brookline in good standing, however the landlord has sent a letter indicating there are deficiency repairs that I deem unreasonable (amount ~$10k) for an 1 year lease of monthly rent $2.3k. I find that unreasonable and would like to know what consequences I would face if I decide simply not to comply. Would I need to hire an attorney to represent me? Attorney Answer: In virtually every commercial lease, the landlord requires a security deposit of typically 2 month’s rent, at the time the lease is signed. Assuming there is such a security deposit, it becomes incumbent upon the tenant to hire counsel and seek the release of the disputed monies. Unlike residential leases, there are no statutory protections for commercial tenants beyond the usual remedies. If, for some reason, the landlord did not require a security deposit, I would suggest a firm written response to the landlord’s demand, laying out in as much detail as possible why you do not feel the repairs are required or not the responsibility of the tenant. Thereafter, you would wait to see if further discussions/negotiations are warranted or simply wait for the landlord to back down or initiate legal action.
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Can a new owner of a commercial property break a lease of a current tenant once the sale is final? 13 Feb 2013 7:51 AM (12 years ago)
Additional Info: We are looking into purchasing a building in Newton that is zoned commercial to use for our business. The current owner just signed a 3-year lease with the lessee that is currently occupying the building. Can we make an offer on the property contingent upon negotiating to have the current tenants vacate? Or do the current tenants have legal rights to stay through their lease term? Attorney Answer: A purchaser of commercial real estate takes title to the property subject to any existing leases. It is certainly within the realm of possibility to make an offer to purchase subject to negotiating with the current tenant to relocate, making the desired space available. If I were representing the seller, however, I would counsel a very short time period for such negotiation to occur, and would insist that the buyer (you) bear all costs related to the possible move by the existing tenant.
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We’d like to convert a Chestnut Hill property to condominiums. 20 Sep 2012 7:06 AM (12 years ago)
Additional Information: Do I need a special permit to convert a 4 unit apartment building in Chestnut Hill into condos? ATTORNEY ANSWER: No – but if you are in Brookline you need to file a copy of the Master Deed with the Town – assessor and Building Department and complete a condominium conversion certificate. Our Chestnut Hill Real Estate Lawyers provide legal representation to clients in Chestnut Hill in condo conversion and all real estate matters. We assist individuals and businesses in the Boston Metrowest communities of: Brookline, Dedham, Needham, Newton, Waltham, Watertown, Wellesley and Weston, MA.
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Property zoned as 3 unit multi family dwelling, can we convert to 4 condos? 13 Sep 2012 7:01 AM (12 years ago)
Additional Information: My wife and I are considering buying an investment property in Newton. It is zoned as a multi family dwelling with 3 separate units. We are considering buying it and building out the fourth floor to create 4 units, and then converting into 4 condominiums. Is this doable? ATTORNEY ANSWER: The first step is to check with the Newton Building Department to determine if the specific property can be converted into 4 units. If the answer is yes, and the conversion may be done as a matter of right, you can proceed accordingly. If you are told the conversion cannot happen without Zoning Board of Appeals approval you may want to make your purchase contingent upon such approval. Once approval is obtained either by right or after Zoning Board hearing, in Newton a homeowner can convert a property into condominiums without having to obtain approval. Our Newton Condo Conversion Attorneys assist clients in all real estate transactions and assist with zoning and municipal matters. We serve all of Newton and the Boston Metrowest communities including: Brookline, Watertown, Waltham, Weston, Wellesley, Needham and Dedham.
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Can a divorce agreement be modified? What is the process? 6 Sep 2012 1:53 PM (12 years ago)
Additional Information: I had been living with my parents while we were separated and just moved into an apartment in Newton with our 18 month old son and am finding that the alimony and child support are insufficient. I’ve been divorced from my husband for 4 months. Can the divorce settlement agreement be changed after finalization? What is the process and is it difficult? ATTORNEY ANSWER: It depends, and I would have to read the Settlement Agreement in your divorce to learn more. Certain language in Settlement Agreements can make altering them more difficult. Was the child support established by the Probate & Family Court using the child support guidelines? How did you arrive at the amount of alimony? Are you working now? I would like to speak to you further. The Newton divorce lawyers at Walters and Jensen have the experience, knowledge and resources to provide clients with effective and efficient legal representation. The divorce attorneys serve the entire Greater Boston region including all Norfolk County and Middlesex County, as well as Allston, Belmont, Brighton, Boston, Cambridge, Chestnut Hill, Cleveland Circle, Coolidge Corner, Dedham, Dover, Jamaica Plain, Milton, Needham, Newton, Waltham, Watertown, Wayland, Wellesley, and Weston.
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What is the best way to handle financial matters in a divorce? 30 Aug 2012 1:49 PM (12 years ago)
Additional Information: What is the best way to handle finances and separation of assets in a divorce? My wife and I just separated and she is currently an at home mom in Brookline. We’ve figured out a schedule in regard to the children but don’t know how to handle expenses and splitting assets. ATTORNEY ANSWER: The best method is for both you and your wife to fill out a court financial form (I can send them to you or you can download them from our Web site), and figure out precisely what the income and expenses are for your wife and your children, and for you and the home where you are living. Then try to work out a fair and informal arrangement between you and your wife. When you decide to file for divorce you or your wife may file what are called “Temporary Orders” for support. However, you should plan carefully for Temporary Orders as they can often become the basis of a permanent order in a divorce settlement. Our Brookline divorce lawyers have the experience, knowledge and resources to provide clients with effective and efficient legal representation. We serve the entire Greater Boston region including all Norfolk County and Middlesex County, as well as Allston, Belmont, Brighton, Boston, Cambridge, Chestnut Hill, Cleveland Circle, Coolidge Corner, Dedham, Dover, Jamaica Plain, Milton, Needham, Newton, Waltham, Watertown, Wayland, Wellesley, and Weston.
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We’re going to get divorced, and husband has been spending lavishly. 23 Aug 2012 1:39 PM (12 years ago)
Additional Information: My husband married me for my family’s money. We’ve been married for 5 years, have 3 kids and a house worth $2.5 M in Brookline, MA. He always took care of the finances and I just found out that he has been spending lavishly, bought himself a new sports car and essentially has depleted our checking accounts. Will his behavior be considered as we figure out how to divide our property and remaining assets? ATTORNEY ANSWER: The short answer is probably not. And how do you know your husband married you for your money? A more nuanced answer is that a response to your questions would depend on several factors and gathering more information. It depends on the precise nature of your husband’s spending. What did he spend lavishly to buy? Did you enjoy any of the items he spent lavishly to buy? Did your children? Was there infidelity in the marriage and did he spend to impress or romance a new girlfriend? How much did your husband spend, and what are the remaining assets? Our Boston divorce attorneys provide legal representation regarding divorce and financial matters to individuals and families in Boston, MA and the Greater Boston communities of : Brookline, Dedham, Needham, Newton, Waltham, Wayland, Watertown, Wellesley, and Weston.
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Does it seem like his divorce lawyer is going to seek sole custody of our daughter? 16 Aug 2012 1:28 PM (12 years ago)
Additional Information: My husband and I are getting divorced. We’ve been amicable toward one another, he is even still living in our home in West Roxbury, so I was surprised when I received papers from his attorney stating negative things about me that my spouse denies. We have a 7 year old daughter and we agreed to be respectful of one another as we go through the divorce for her sake. Does it seems like his lawyer is setting it up to ask for sole custody? My lawyer doesn’t think so, but I wanted to get a second opinion. ATTORNEY ANSWER: I doubt that your husband’s attorney is seeking sole custody. The negative statements in the court papers may merely reflect your husband’s attorney’s combative style. It is important to know that “custody”, covers two legal concepts. The first is “physical custody”, i.e., which parent does your daughter live with and when. The second is “legal custody”, i.e., the authority to have a say in your daughter’s health, welfare and education. It is becoming more rare for a court to award sole physical and legal custody to one parent. Increasingly, parents are sharing both physical and legal custody. Do you and your husband both plan to remain in Greater Boston after the divorce? Will you both be in the same town or neighborhood? Physical proximity can ease many of the physical custody issues that can arise post-divorce. The Dedham divorce lawyers at Walters and Jensen provide legal representation regarding divorce and custody matters to individuals and families in Dedham, MA and the Greater Boston communities of : Brookline, Watertown, Waltham, Weston, Wellesley, Needham and West Roxbury.
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Landlords can be liable if tenant doesn’t pay 2 Aug 2012 5:25 AM (12 years ago)
If a tenant hires a contractor to make improvements to a property, but the tenant doesn’t pay the contractor in full, can the contractor sue the landlord for the difference? It sounds unlikely, but it happened in one case recently. Former Boston Celtics player Dana Barros leased a warehouse and hired a contractor to make improvements so he could turn it into a sports complex. Later, the contractor believed it hadn’t been paid in full, so it went to court against Barros and against the owner of the warehouse. The warehouse owner argued that it couldn’t be sued because it was merely the landlord; it never signed an agreement with the contractor. Most states have what are called “mechanic’s liens, such that if a contractor isn’t paid in full by someone for work on a property, it can place a lien on the person’s interest in the property. In Massachusetts, the law applies to anyone who hires a contractor, as well as anyone acting on that person’s behalf or with that person’s “consent.” And in this case, the Massachusetts Supreme Court ruled that Barros had hired the contractor with the “consent” of the landlord. Although the lease didn’t require Barros to hire a contractor and make improvements, the court noted that the need for the improvements was obvious, the lease had been structured specifically to entice Barros to make the improvements, and the lease specified that the improvements would belong to the landlord after the lease was up. Therefore, the court said, the contractor could place a lien not only on Barros’s rental interest in the property, but on the landlord’s ownership interest as well. Landlords who are contemplating having tenants make substantial improvements might want to protect themselves against this possibility by requiring the tenant to obtain a bond or place the construction funds in an escrow account.
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My ex husband has been in contempt of divorce decree for years. 31 Jul 2012 4:00 AM (12 years ago)
Additional Information: He has never paid for medical insurance, alimony or child support. He has the means to pay and has finally been paying child support of $500 a month and ignoring the rest saying “oh, well she’s almost 18.” We live in MA, and in the Fall she will be attending an expensive college in Chestnut Hill, and the money would allow her to focus on school and her studies instead of having to keep a full time job. Since I waited so long, what can I do? ATTORNEY ANSWER: A judge will order your husband to pay his back child support. The quickest solution is to ask the Masschusetts Department of Revenue – Child Support Enforcement division to assist you. If your husband is a regular employee (as opposed to self-employed), DOR can start by garnishing his wages. Our Brookline divorce lawyers provide legal representation regarding divorce and family law related matters to individuals in Chestnut Hill, MA and the Boston Metrowest communities of : Brookline, Watertown, Waltham, Weston, Wellesley, Needham and Dedham.
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Always have a property inspected 20 Jul 2012 5:19 AM (12 years ago)
A couple who purchased a condo in a building that turned out to be contaminated with toxic chemicals can recover only 65% of their losses, because they could have arranged an environmental inspection of the property before they bought it but didn’t do so, a Court of Appeals recently decided. The couple bought a condo unit in a converted factory. The developer had installed a vapor barrier, but never actually decontaminated the dangerous chemicals on the site. The buyers claimed that the seller’s real estate agents assured them the site was safe. It appears the agents believed that was true at the time, but when they later found out that the site still had problems, they didn’t say anything. According to the court, the agents could still be liable, because even though they didn’t technically lie, they had a legal obligation to tell the buyers about the problems once they knew about them. A couple who claimed they were misled about a property can’t recover all their losses, because they could have discovered the problems by hiring an inspector. On the other hand, the court said the buyers were partly at fault because they never obtained an environmental inspection. The buyers merely relied on the agents’ statements, along with a local newspaper article and public “buzz” suggesting that the factory had been cleaned up. A jury found that the agents were 65% at fault and the buyers were 35% at fault, and the court said this was correct – so the buyers can recover only 65% of what they lost.
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