[MassHistPres] Hardship question

[Marcia Starkey]

Is it helpful to remember that the MGL language stems from conditions 
primarily related to the physical conditions of land? Does anyone know case 
law which would confirm this within LHDs? Marcia Starkey
----- Original Message ----- 
From: "Barbara Wales" <BarbaraWales at realtor.com>
To: <slater at alum.rpi.edu>; <masshistpres at cs.umb.edu>
Sent: Thursday, January 11, 2007 2:22 PM
Subject: Re: [MassHistPres] Hardship question


> Yes, indeed.  When a home is located within the boundaries of the
> historic district, the listing agent is responsible for disclosing
> this fact to _ALL_ potential buyers.   It is considered a material
> fact that can influence the purchase decision.   Now, if only we
> could get all agents to act responsibly on this.
>
> If the sale proceeded without the assistance of a real estate
> professional, then I believe that the responsibility falls back on
> the buyer, CAVEAT EMPTOR...unless the seller provided a disclosure
> statement to the buyer.   In that case, the seller cannot pick and
> choose which facts to disclose, but must disclose all known
> facts.  (This is my understanding, at least.)
>
> Barbara Wales, GRI, ABR
> Wm. Raveis Real Estate
>
>
>
> At 11:56 AM 1/11/2007, slater at alum.rpi.edu wrote:
>>If you treat being in a district as a negative point, then the
>>responsibility lies with the previous owner and the previous listing
>>agent to notify the buyer of this restriction.
>>
>>Ralph Slate
>>Springfield, MA
>
> Barbara Wales
> William Raveis Real Estate
> 10 Langley Road
> Newton Centre, MA  02459
>
> Access Line: 617.762.4073  (messaging, faxing, connecting via mobile 
> phone)
> BarbaraWales at realtor.com
>
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