Legal Question in Real Estate Law in Massachusetts

Real-estate, condo purchase

I bought a condo converted from

apartments and one reason was the

assigned parking was at the entry

way under my window. When I got

the deed, my parking had been

moved and now I am told it can not

be changed because the deed has

been filed.

Do I have any recourse?


Asked on 5/30/07, 1:44 pm

4 Answers from Attorneys

Re: Real-estate, condo purchase

You may have a claim for damages or a right to require that the seller (assuming he controls the space you were told you were getting) change the space. This can be done by doing a deed of exchange of one space to another.

If the Seller does not own the space you want, then you may have a claims for damages.

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Answered on 5/31/07, 9:08 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Real-estate, condo purchase

That's not true. Deed can be changed.

If you need assistance contact me.

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Answered on 5/30/07, 1:51 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Real-estate, condo purchase

If all parties agree that this was some sort of omission, mistake, or scrivenor's error, it is possible to record a corrective deed.

However, there may be a bigger problem if the seller promised you this parking spot but never intended to deliver.

If I can be of any assistance in this matter, please contact me:

[email protected]

www.vaughnmartel.com

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Answered on 5/30/07, 1:58 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Real-estate, condo purchase

Whether or not the deed can be changed, you may be entitled to damages representing the value differential between the condo with the parking space you expected and the value of the condo you received, with a less convenient, more out of the way spot. This would depend on what specific representations were made about the spot, and the language used in the transactional documents.

Also, if any misrepresentations were intentional (as opposed to merely negligent), you might be entitled to multiple damages and recovery of attorney's fees. Call me if you want me to take a look at the language dealing with the deeded space, if any.

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Answered on 5/30/07, 4:20 pm


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