Cedar Hill Realty | Gary Plante Rehoboth MA Real Estate Rehoboth MA Homes For Sale


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Whenever someone is looking to purchase a home, there is always an inherent risk. It is common for buyers and sellers of homes to look for the best deal possible; however, it is also possible that issues might arise after a home has already closed. When looking to buy or sell a home, it is critical to be familiar with some of the common legal issues that arise. Understanding these issues ahead of time may help someone avoid devastating legal consequences after the fact. 

False Advertisements May Arise

One of the most common allegations made is related to false advertisements. Sometimes, someone purchases and house and feels that they didn't receive exactly what was advertised. These ads might take place in a booklet, leaflet or on the Internet. There is a certain code of ethics that comes with any real estate advertisement. While everyone wants to get the best deal possible, it is also important to make sure that all information advertised is truthful.

Equal Opportunity with Real Estate

This is, perhaps, the most important law that everyone needs to keep in mind when it comes to real estate. In the past, it used to be common that people wouldn't sell apartments, homes or condos to people of certain backgrounds including ethnicity, religion and sexual orientation. Now, the government has clauses that protect everyone from discrimination when it comes to real estate. It is critical for anyone selling a home to make sure they provide everyone with an equal opportunity to buy that home. At the same time, those looking for a home should never feel like they are being blocked from buying a home on the basis of their gender, ethnicity, orientation or other demographic factors.

Disclose All Accurate Information Accurately

When someone is looking at various homes, they are counting on the buyer to disclose all relevant information related to the condition of that home. Nobody wants to buy a home only to realize that, immediately after purchasing the home, it is in need of substantial repairs. Sometimes, sellers will try to conceal information from the buyer in an effort to pass on the repairs to someone else; however, this is illegal. If the purchaser finds out that information related to potential repairs in the home were concealed, they can go to court and file a lawsuit to recover the costs of the repairs. Some of the most common issues that arise in this area of real estate law include boundary issues, the presence of pests, problems with the structure and roofing issues. It is important for buyers to make sure they ask for a home inspection to uncover these issues ahead of time.
 


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Whether you’re buying or selling a home, you might discover there is an easement attached to your property. If so, you’re probably wondering how this affects your property values.

What is an Easement?

In a nutshell, an easement is for one person to have explicit permission to have use of another person’s property for a specified purpose. There are three general types of easements: gross, appurtenant and prescriptive. Each has specific rights attached to them and the rights could be for either a private (i.e. allowing someone access or use) or public purpose (i.e. utility companies). Easements can be temporary or permanent; with the latter, the easement is typically written into the property deed.

It’s important to know, while easements permit others to use your land for a designated reason, it doesn’t grant anyone using your land any rights to ownership; you are sole owner.

Can Easements Affect Property Values?

Easements of land may or may not impact your property’s value, depending on how the land is being used and whether you want to use (or sell) your property. Many times, an easement has no impact on your property’s value. However, there are potential issues that may crop up when looking to develop or sell your land which could impact its perceived value.

  • Easements might limit the ability to build structures on affected portions of the land.
  • Resale values might be impacted by structures, wires, pipes, etc. placed by utility companies, especially if they are unsightly or prevent owners from developing the land for personal purposes.
  • Buyers might not like the idea of others “trespassing” on their land, even if being done legally.
  • On the other hand, some easement holders pay a fee to the property owner, and collecting this money might be an attractive prospect to some buyers.
  • In many neighborhoods, everyone has the same easement attached to their property. In these cases, it doesn’t typically impact your property value because the easements affect everyone’s property equally.

    Is There a Way to Remove an Easement?

    A court of law often considers an easement to be used in perpetuity unless a stipulation exists in the original agreement of how long the easement will last. In some cases, easements can be removed.

  • A written agreement is made with the easement holder to terminate the easement (easier if the original purpose of using the land is abandoned or no longer valid).
  • If easements are no longer used or needed, inquire if a title action can be taken to reset property lines, eliminating the existing easement.
  • Ask the current easement holder if they are willing to abandon use and let it naturally expire—there will need to be proof this has occurred for the easement to be removed.
  • Consult with a real estate attorney who is well-versed in both general and state-specific easement laws—there may be lesser-known “outs” for easements according to local laws.
  • If you do successfully terminate an easement, be sure it’s recorded in public records.

    While technically an easement doesn’t devalue your property, it can affect its marketability. This is always something to consider when determining to willfully grant an easement or buy a home that has an easement attached to its property deed.



    72 Smith St, Attleboro, MA 02703

    Single-Family

    $265,000
    Price

    6
    Rooms
    4
    Beds
    1
    Baths
    Property is located in a quite area on Smith Street. Deer andTurkeys can be scene passing through. Home needs updating / structurally sound. Master now is located on the first floor, additional bedroom on first floor with 2 bedrooms upstairs within the vaulted cape design. Built in draws upstairs for closet. Lots of closet space. Brand new furnace - oil fired. Roof is older but seller reports no issues. Seller will accept offers from $265K to 300K. First Showing Open House Sunday July 26th Noon to 1pm.
    Open House
    Sunday
    July 26 at 12:00 PM to 1:00 PM
    Cannot make the Open Houses?
    Location: 72 Smith St, Attleboro, MA 02703    Get Directions

    Similar Properties




    72 Smith St, Attleboro, MA 02703

    Single-Family

    $265,000
    Price

    6
    Rooms
    4
    Beds
    1
    Baths
    Property is located in a quite area on Smith Street. Deer andTurkeys can be scene passing through. Home needs updating / structurally sound. Master now is located on the first floor, additional bedroom on first floor with 2 bedrooms upstairs within the vaulted cape design. Built in draws upstairs for closet. Lots of closet space. Brand new furnace - oil fired. Roof is older but seller reports no issues. Seller will accept offers from $265K to 300K. First Showing Open House Sunday July 26th Noon to 1pm.
    Open House
    Sunday
    July 26 at 12:00 PM to 1:00 PM
    Cannot make the Open Houses?
    Location: 72 Smith St, Attleboro, MA 02703    Get Directions

    Similar Properties



    Finding the right house that meets your family's needs is an important decision; it's one that can affect the quality of your life for years to come. That's why it's especially important to be in a focused, resourceful state of mind when house hunting. It's also helpful to have a clear idea of what you're looking for and have a system in mind for comparing the strengths and weaknesses of every house you visit.

    Knowing What You Want

    Chances are, you're going to approach your house search with some preconceived notions about features like the floorplan, bedrooms, and number of bathrooms. You may also have strong preferences for a particular school district, the size of the back yard, and proximity to neighbors. One thing's for sure: There are a lot of details on which you'll need to concentrate as you meet with your real estate agent and visit different homes for sale. While conditions are not always ideal for taking it all in, here are a few tips which may help you get the most from the experience.

  • Work from a checklist: Before plunging into a serious house-hunting campaign, it's a good idea to prioritize the features and characteristics you're looking for in a new home. Ideally, you should have a separate copy of the list for each home you visit and create a simple rating system for evaluating how well each property lives up to your expectations. Make note of your impressions and take a few photos of key rooms, such as the kitchen, master bathroom, or whatever areas are most important to you. As a courtesy, ask the real estate agent if they or the homeowner would mind if you took some pictures.
  • Arrange childcare if possible: When you're going over important details with your real estate agent or visiting a listed house for the first time, you'll be able to get more out of the experience if you can devote your full attention to it. Children, especially young ones, tend to be more focused on their own agenda, including hunger, boredom, sibling conflicts, and the impulse to wander off on their own to explore unchartered territory! When the opportunity arises to check out a potential new home, you'll want to have 100 percent of your mental and emotional resources available to appreciate and absorb all the details, nuances, and possibilities of a house that's for sale. Since "the best laid plans of mice and men often go awry", it won't always be feasible to arrange alternative (and sometimes last minute) childcare plans for your little ones. When it is possible though, you'll have more of your wits about you for the important task at hand.
  • While it's unrealistic to always expect house hunting to go smoothly and without a hitch, a focused and organized approach to finding the home of your dreams will always yield the best results!
     




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