[MassHistPres] Hardship question

[Dennis De Witt]

These people have owned the property since 1996.  During that ten  
years has the HDC never sent a set of guidelines or any other  
communication to all of the owners of record in the LHD?

Dennis De Witt


On Jan 12, 2007, at 10:01 AM, Marcia Starkey wrote:

> 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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