Legal Question in Real Estate Law in Massachusetts

there is a piece of property that currently have a Cease and Desist order in Massachusetts. the first owner(buyer) is trying to buy the other owner(seller) 50% of the property. the buyer can't obtain a loan because of the Cease and Desist Order. In order to remove the Cease and Desist Order, the buyer has to remove the kitchen that was installed illegally in the garage and occupied as living space.

if this is done to the satisfaction of the town and the buyer obtains financing, what issues would occur if the kitchen is re-installed after the loan has been dispersed to the seller?

Thank you

Asked on 3/30/16, 2:35 pm

1 Answer from Attorneys

The city will shut down the property if you re-install the kitchen without permits and zoning approval.

If the kitchen is part of an illegal apartment or another prohibited purpose, they will retag the apartment and not allow it to be used. If the reason for the cease and desist is that the kitchen was not installed with permits but is otherwise permitted, then all that needs to be done is to get the proper permits and put in the kitchen.

DO NOT BUY a property with the intent of violating local zoning or permit laws and regulations.

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Answered on 3/31/16, 12:57 pm

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