Legal Question in Real Estate Law in Massachusetts

Repurcussion

Purchased home in Oct,01, $360,000 house next door sold Nov,01. Owned by RE Co and they leased it for a group home for mentally retarded. Think the seller of my home knew about it at the time. This is a family neighborhood homes in $370 to over $400,000. We were never notified of intention. Life savings went into this home for better living and relaxing.


Asked on 1/23/02, 7:02 am

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: Repurcussion

Based on these facts, I do not think you would have any case against the broker or seller unless they made specific representations which turned out to be false and which you relied upon. The seller's duty to disclose facts is limited and usually only involves the home being sold. Whether or not the seller knew what a buyer of the neighbors home would do with the property would not give rise to any claim for damages. Of course if there were specific represenatations made then that might be a different case. A court probably would not hold a seller or broker liable for not disclosing that a neighbor may sell his house to someone who will lease to a group home. Your only recourse may be to check with the city/town zoning department to see if the property is zoned for this use. If it is not, the owner would need to apply for a permit or variance. There would be a public hearing which you could attend and oppose the application, however, the zoning board could still issue the permit/variance over your objection.

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Answered on 1/23/02, 11:27 am


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