Legal Question in Real Estate Law in Massachusetts

Impeding the sale of my home

I am a homeowner in Salem, Mass. I am in the process of selling my home. I gave my tenants 30 days notice that they had to vacate the apartment because the potential buyers were moving family in. My tenants are refusing to let me show the apartment based on the advice of their lawyer. They had their lawyer send us a letter telling us we needed a court order to enter the apartment. They misinformed him, in that they said we were inspecting for damages, when in fact we were attempting to show the apartment. Someone told me that there is a law against impeding the sale of property. Is this true? If so, where can I find the law stating this? We, unfortunately, cannot afford a lawyer at this time and need some advice. Thank you in advance for any information you can provide me.


Asked on 9/04/99, 12:23 am

1 Answer from Attorneys

Re: Impeding the sale of my home

That's unbelievable that the attorney wrote that. Perhaps you've misstated what he wrote. I want to see it for myself. My fax number is (617)527-1763.

That they misinformed him if anything might help your situation eventually. Be careful not to object ... yet. And I suggest you think twice or get counsel before you tell the other side or someone else that you were showing the apartment and not inspecting for damage. It isn't going to help your case and could hurt.

The advice you were given seems wrong: there's no particular law against impeding (possibly ruining!) the sale of property. There's a kind of a tort law probably not shown in the state statutes call which holds people liable for interfering with a business relationship but realistically it won't get you far in this context, I'm afraid.

I suspect these people and their lawyer are looking for a payoff. If you offer $3,000, with a contract negotiated by me or another qualified landlord / tenant lawyer, you'll probably get them out!

Are the tenants all up-to-date in their rent?

I'd like you to fax me the notice you gave your tenants if it was in writing, and mark the date they received it and who gave it to them.

I think you need an attorney; tenants have LOTS of power in this state and judges don't care one bit about your buyer.

If you can't afford an attorney now but can when the house is sold, would you want to hire one who could wait for the sale proceeds for his paycheck?

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Answered on 9/08/99, 6:46 pm


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