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Amy Saunders
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Nesting and Divorce?  It is for the birds. 

http://hansonsaunders.com/nesting-and-divorce/
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Nesting and Divorce?  It is for the birds. 

http://hansonsaunders.com/nesting-and-divorce/
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Cell phones will be banned in several Brockton court rooms effective 12/1/14. #cellphoneincourt   #courtroom  
http://hansonsaunders.com/cellphoneincourt/
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Buyer Beware:  The Offer to Purchase Real Estate is MORE than you think

You go to an open house and love the house and make an offer only to go home and get cold feet and want to get out of the transaction.  Think again, you may lose your deposit.  Attorneys are typically not involved in the offer stage, but you should strongly consider doing so. Many buyers and sellers are often under the assumption that this is a formality, and that the binding contract only takes place during the purchase and sale agreement.  THIS IS NOT TRUE!

In Massachusetts, a signed standard form offer to purchase is a binding and enforceable contract to sell real estate–even if the offer is subject to the signing of the purchase and sale agreement. So if a seller signs and accepts your offer and later gets a better priced offer, I wouldn’t advise the seller to walk away from the original deal. The signed offer allows the buyer to sue and record a notice of claim in the registry of deeds against the property which will prevent its sale until litigation is resolved.   I have actually had to do this more than once, to the seller’s surprise that the offer is binding.

In some cases, the seller or buyers may not desire to be contractually bound by the acceptance of an offer. In that case, language can be drafted to specify that the agreement is non-binding.

With the offer to purchase, I always advise buyers and their brokers to use addendums, including for such contingencies as mortgage financing, home inspection, radon, lead paint, and pests. The home inspection and related tests are typically completed before the purchase and sale agreement is signed and any inspection issues are dealt with in the P&S.  Also in the offer you really need to pay attention to deadlines.  For example, I often see a mortgage contingency date just a few days before closing.  However, as a seller, are you really going to want to pack all your things only to find out the buyer did not get financing.

Attorney Amy Saunders, Esq.
Law Office of Hanson & Saunders
Bridgewater, Massachusetts
Office: 508-697-4258
Email: amy@hansonsaunders.com

In accordance with the rules of the Supreme Judicial Court of Massachusetts, this website must be labeled as advertising.  It is intended to provide only general information for readers and is not a substitute for legal advice or a legal opinion on any specific facts or circumstances.  In using this site, you understand and acknowledge that there is no attorney client relationship between you and the attorney.

#realestate   #hansonsaunders   #divorceinma   #divorcemassachusetts  
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Want to Change Your Child Support Payments in Massachusetts? A New Case Has Made It Easier.
by Attorney Amy Saunders

Long gone are the days where you had to sit and ponder on what could amount to a substantial and material change in circumstances to warrant a change in the child support guidelines.  After the Supreme Judicial Court ruled in Morales v. Morales, see below, a deviation in guidelines will be modified if there “is an inconsistencey between the amount of the existing order and the amount that would result from application of the child support guidelines.”  Even if the order is a recent one, it still may be modified.

In Morales, the mother filed a complaint for modification osf the child support order claiming that the Father’s income increased.  However, the lower court dismissed the modification as there was not a material and supstantial change of circumstances based on the change in father’s income.  The Supreme Court reversed, holding that there may be an amended order for support if there is in inconsistency in the support paid v. the support calculated under the current child support guidelines.

What does this mean in practical terms?  It is easier to get a modification of child support up or down.   For example, it is easier to get a decrease in child support where the payor’s income has gone down.  Similarly, it is easier for a nonpayor to get support increased where the payor’s income has increased.  Generally, the nonpayor’s income does not significantly change the guidelines too much, but ever a change in this could warrant a modification under G.L. 208, § 28.

To download a PDF of the case, visit our blog at: http://hansonsaunders.com/want-to-change-your-child-support-payments-a-new-case-has-made-it-easier/ 

Attorney Amy Saunders, Esq.
Law Office of Hanson & Saunders
Bridgewater, Massachusetts
Office: 508-697-4258
Email: amy@hansonsaunders.com

In accordance with the rules of the Supreme Judicial Court of Massachusetts, this website must be labeled as advertising.  It is intended to provide only general information for readers and is not a substitute for legal advice or a legal opinion on any specific facts or circumstances.  In using this site, you understand and acknowledge that there is no attorney client relationship between you and the attorney
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