RESIDENTIAL & COMMERCIAL REAL ESTATE ATTORNEY PITTSFIELD, MA

Every property and real estate transaction is unique in Massachusetts with multiple parties involved, each focused on their own interests. HASHIM & SPINOLA provides proficient representation in various property transactions, with our lawyers having more than 40 years of collective experience in this sector. We offer comprehensive and outcome-driven advice to purchasers, vendors, and lenders for a broad spectrum of real estate issues from the basic purchase/sale of a residential house to a complex commercial transaction as well as to landlords and tenants in connection with leases, evictions and other housing issues.

Why Clients Choose Us: The benefits of Our Expertise

Real Estate Closings

HASHIM & SPINOLA’s real estate attorneys serve as legal representatives for purchasers, sellers, and lenders in residential and commercial property closings. Closing a real estate transaction is a complicated process that necessitates a comprehensive grasp of the law, and experience with closing procedures is crucial in preventing complications. As a result, buyers and sellers frequently turn to the expertise of our real estate closing lawyers for assistance in safeguarding their interests during these transactions.

We are highly experienced in scrutinizing the title to real estate for any past transfers, legal judgments, outstanding mortgages, liens, encumbrances, and title defects. We regularly help clients in reviewing and understanding the documents signed at closing and ensuring that a chain of title is free from any defects. We have years of experience in discovering, and resolving title issues with other attorneys, and can obtain title insurance coverage for our clients that will protect them against any adverse ownership claims, easements, or liens. We have been approved Agents for First American Title Insurance Company for over 30 years and provide title insurance for purchasers and lenders.

Condominiums

While the purchase of a condominium in Massachusetts is similar to buying a house, there are key differences that can restrict your use of the property and future resale options. Important differences include the Rules and Regulations of the condominium association, its financial viability, and the possible inclusion of a right of first refusal in the documents, which mandates that the condominium association must renounce its claim to buy the unit before an owner can sell to a third party. As these residences are part of a larger planned community, it is crucial that you receive proper guidance, so you fully understand all the regulations that oversee the condominium association.

Mortgages and Refinancing

If you own a home, you may find it necessary to refinance your mortgage at some point. This could be due to several reasons such as wanting to lower your monthly payments, switching from an adjustable rate to a fixed rate, or using the funds to make home improvements. Our team is skilled in handling the entire refinancing process, which includes the loan application and dealing with any title-related issues that may arise. We have developed solid working relationships with the local lenders that allows us to help you get to a closing as quickly and expeditiously as possible.

Land Use and Zoning

In Massachusetts, it is mandatory to follow local property regulations if you plan to construct an addition to your home, or a new home on an unimproved lot. Each municipality has its own zoning and land utilization standards. Before initiating any construction on your property, most homeowners will require authorization from their town. Our legal team can collaborate with you to secure a zoning variance, special permit, Conservation Commission approval, or any other requirement to assist you in progressing with your construction plans.

Real Estate Litigation

HASHIM & SPINOLA specializes in handling various real estate litigation matters. We offer vigorous representation to our clients involved in litigation. We represent both residential and commercial buyers and sellers, assisting them in various real estate law issues such as terminating leases, boundary disputes, the return of purchase and sale deposits, misrepresentation of home conditions, title defects, breach of purchase contracts, nondisclosure issues, contract disputes on commercial and residential property, the validity of easements, rights of first refusal, among many others. We are concerned with prioritizing the protection of the rights of both buyers and sellers and aim to resolve disputes as soon as possible.

Commercial Real Estate

In Massachusetts, dealing with commercial real estate involves intricate legal complexities. To ensure the protection of your business interests during the management, purchase, or sale of commercial real estate, our professional clients, be they individuals, businesses, or other entities, rely on our experienced real estate attorneys. We offer effective, timely, and cost-effective solutions for any commercial real estate legal needs, including on issues including construction contracts, land and property development, insurance and title claims, environmental issues, and many more.

At HASHIM & SPINOLA, we provide comprehensive and personalized services to clients. We don’t simply draft agreements and negotiate provisions; we ensure your interests are protected. Our goal is to overcome obstacles and facilitate a timely resolution of your property-related matters. In Massachusetts, real estate transactions involve a high degree of legal complexity, and it is important to seek the assistance of experienced attorneys to safeguard your financial interests.

Evictions

We represent both landlords and tenants in the Housing Court. We are familiar with the process that is involved in commencing and maintaining an eviction action. We are experienced at identifying the issues involved in an eviction action, whether it be a non-payment case or a no-fault eviction, so that we can effectively reach an agreement to maintain the landlord-tenant relationship or try the case.

It is important to be aware of the various requirements applicable to different scenarios. In cases where a tenant vacates the property, Massachusetts law does not specify any guidelines for landlords regarding the disposal of any items left behind. If the items are obviously trash, like old newspapers or wine bottles, they can be discarded. However, for other possessions, a landlord (as a bailee) is required to use reasonable care to maintain the tenant’s property. That standard is based upon common sense and the nature of the property left behind. The landlord is well advised to provide notice to the tenant of any intention to dispose of any items of personal property left behind so as to allow the tenant a reasonable opportunity to retrieve them.

The cost of cleaning and repairing a tenant's rental unit can be deducted from their security deposit. However, the Security Deposit Laws in Massachusetts are very complicated and must be strictly adhered to. If you are unsure about the legalities of the situation, it is advisable to seek the help of a qualified lawyer who can assist you in understanding the rules and regulations that apply to your specific case. It is especially recommended to consult a lawyer if you are not sure how to handle a security deposit as failure to comply can have some serious financial consequences on the landlord.

Real estate litigation can be a complex and time-consuming process. In Massachusetts, disputes can arise for a variety of reasons, including boundary disputes, homeowners’ association disputes, construction defects and delays, property defects, unrecorded easements or rights of way, shared well or shared driveway disputes, breaches of contract and landlord-tenant disputes. These issues can have serious consequences for property owners, including financial losses, damage to property, and legal liabilities. It is important to seek the advice and representation of an experienced real estate litigation attorney to protect your rights and interests. A skilled attorney can help you navigate the legal system, negotiate settlements, and litigate your case if necessary. With the right legal guidance, you can minimize your risks and achieve a successful outcome in your real estate litigation case.

When it comes to land ownership, purchasing or development, zoning, environmental regulations, and land use are crucial aspects that cannot be ignored. To expand your home, acquire commercial property or construct on land you have obtained, following the correct procedures, and adhering to various zoning, environmental and land use regulations established by the local government or conservation commission is essential. Failure to comply with these regulations could lead to disastrous consequences for a business, development project, or home renovation. Additionally, zoning and land use disputes can be intricate, resulting in monetary losses. Therefore, it is recommended to seek the advice of a real estate attorney who can guide you appropriately and represent your interests in case of any issues. If you have any further questions regarding real estate law or want to discuss your specific concerns with a legal expert, contact us for help in assisting you with swift and accurate advice.