Legal Question in Real Estate Law in Massachusetts

I purchased a condo that had previously been a two family and was converted into condos by the previous sellers/owners. The owners had to get the detectors hardwired to meet current laws.

After my purchase, I learned that the hardwired smoke detector systems for both units are wired as one system when there were issues with the smoke alarms going off and I asked the seller who still owns the other unit.

I called an official from the state and I called previous Watertown Wiring Inspector, who both said that it is against electrical code; they need to be separate, but I have not been able to get anything in writing from them.

I approached the sellers to ask them to separate the systems. They said they would not. They said they had a permit for the work that was done and they were told by their realtor it was OK to have it as one system. There was a Smoke Certificate for the sale, but in my experience, the Fire Inspectors only test that the alarms are working and assess if they are hardwired if required. They do not ask if the units are on separate systems.

What would be the best plan for recourse?

�I have no way to maintain this system since I have no access or control over the other condominium.

�I cannot assess if the tenants living there are jeopardizing the system in anyway because I do not own the unit.

�If a detector goes off in the other unit and the tenants are away, I have no way to access it to stop it in my unit.

�A sale of my unit in the future may be negatively impacted because of the set up.


Asked on 4/03/11, 8:28 am

1 Answer from Attorneys
Warren Wood Law Offices of Warren Wood

A reasonable plan may include:

1) An inspection report by several local licensed electrical contractors and an estimates of corrective costs;

2) Examination of the building permit authorizing the work on this system and an inspection of the signoff by the building inspector;

3) A written statement from the original building inspector stating what was actually inspected and approved in this system;

4) A copy of the building codes that govern this installation (With a view towards system compliance);

5) A demand letter to the seller;

6) The intervention of an attorney, if needed;

7) Litigation as a last resort.

Good Luck.

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Answered on 4/03/11, 8:47 am


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