Newsletters

In OneLaw’s February newsletter, Attorney Chiara LaPlume explains how working with a real estate agent may be changing due to recent litigation.

Read the full February 2024 newsletter HERE.

The text version is below.

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As we experience the depth of winter, there is hope that spring is fast approaching.

That means the residential real estate market will start to heat up. Our real estate expert Attorney Chiara LaPlume will present a seminar about “Buying and Selling A Home” in our office building at 55 Chapel Street in Newton next Thursday, February 8, 2024 at 12:00 PM. Come hear her speak about fundamentals of the process and recent developments to consider.

Attorney LaPlume also explains in this newsletter how working with a real estate agent may be changing due to recent litigation.

With the new year, OneLaw welcomes another addition to our practice, Beth Herr. Attorney Herr specializes in family law, and represents clients at OneLaw in guardianships, child welfare, adoption, and uncontested domestic relations matters. Welcome, Beth!

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Welcome Beth Herr to OneLaw!

Attorney Herr represents clients in guardianships, child welfare, adoption, and uncontested family law matters. She graduated from Northeastern University Law School and is a visiting professor at Holy Cross.

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Attorney Chiara LaPlume discusses “Buying and Selling a Home”

Thursday, February 8, 2024 12:00 PM

55 Chapel Street, Newton

Attorney LaPlume will discuss typical aspects of the process of buying and selling real estate, the state of the market, the role of real estate agents and attorneys in the process, and recent developments to consider in residential real estate practice.

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How Working With A Real Estate Agent May Be Changing

by Chiara LaPlume, Esq.

Did you see the headline in November 2023 about a Missouri court issuing a verdict on antitrust litigation regarding real estate agents? If you are buying or selling in Massachusetts it might affect you. While the lawsuit was filed in a Missouri court, it was against many real estate companies with nationwide offices, and the plaintiffs claimed antitrust violations that are based in federal law. Given the $1.8 billion verdict and the related lawsuits already in process, similar lawsuits are expected to be filed in other states. Even before other suits are filed or heard, this significant award has already started to affect “best practices,” and is expected to eventually make way for a new standard way of doing business for real estate agents everywhere – Massachusetts included.

What Is the Basic Upshot of the Lawsuit?

The court agreed that real estate business practices by real estate agents in Missouri were anti-competitive by (i) inflating real estate commissions at around 6%, and (ii) forcing the seller to pay the buyer’s agent’s commission, effectively burdening the seller with the costs of services that benefit another party and that may moreover work against the seller’s interest. The lawsuits so far have expanded to the NAR (National Association of Realtors) and MLS (Multiple Listing Service), but this article will only focus on the main impacts on real estate agent compensation, and how that is expected to impact consumers.

What Does This Mean if I’m Selling?

If you plan to sell in 2024, you can expect updated listing agreement forms (Fall 2023 or 2024 editions) being presented, although this may not always be the case. You can expect to have an explicit conversation involving (i) who the listing agent that you hire can and cannot represent, for example if they can also represent a buyer they already know on your sale transaction, and (ii) whether the seller should offer to pay a buyer’s agent’s commission or not. Prices are driven by demand after all, and many buyers are already covering a lot of costs (e.g., inspections, down payment, mortgage application fees, appraisals, closing costs, and legal fees), and may be unwilling to come out of pocket to pay their real estate agent as well. A discussion about the marketing strategy will therefore include whether to incentivize buyers by offering a commission split, as much as staging.

What Does This Mean if I’m Buying?

The first item that you might notice is a request to sign a buyer’s agent’s agreement. Last year, you might not have been asked to sign an agreement with a buyer’s agent. Things were informal. When you scheduled a viewing, you would sign a disclosure outside the property just before seeing it, stating that you understood that the agent you were working with was showing you this one property as a buyer’s agent, representing only you (or alternatively, stating that they were also representing the seller, or only representing the seller). If you did not like working with your buyer’s agent, you just started to work with another agent for your next viewing. Formalities might have been minimal. Now, if an agent introduces you to a property and you buy, they need to clarify who will pay their commission if the listing agent does not offer a commission split. Therefore, they need to have a conversation with you, and an agreement about the payment for their services. This might happen before you are even scheduled to see a property. A buyer’s real estate agent can provide a lot of value to the transaction, including saving you time by understanding what you like and need (and only showing you the properties that fit the bill), assessing the value of a property and negotiating the price of a very costly item, steering you away from bad neighborhoods or problematic properties, providing recommendations and referrals as needed, anticipating problems and needs, and providing a sounding board if issues come up.

In Conclusion

Although this issue might not be explicitly brought up, expect real estate agents to disclose and negotiate the commission amounts more in 2024 than they did in 2023.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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Contact us to discuss ESTATE PLANNING, whether for the first time or to update your plan!

In OneLaw’s December newsletter, Attorney Peter Hahn explains how families get involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students being questioned about misbehavior at school.

Read the full December 2023 newsletter HERE.

The text version is below.

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Hopefully you are able to get some rest as the year wraps up.

In this newsletter, I explain what to consider when you become involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students getting questioned about misbehavior at school.

Our seminar series will continue in January with Attorney Chiara LaPlume presenting on buying and selling residential real estate. First timers welcome as well as those who have gone through the process before.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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What to Know About the Department of Children and Families

by Peter A. Hahn, Esq.

The Department of Children and Families (DCF) is the child welfare agency in Massachusetts tasked with investigating allegations of child abuse and neglect and caring for children who can not live with their caretakers, either temporarily or permanently.

A DCF investigation begins with a 51A report of an allegation of child abuse or neglect. Mandated reporters are those people legally required to file a 51A. DCF either screens in or screens out the report for further investigation. A 51B investigation is conducted by a social worker. She typically will want to visit the home and interview the child (or children), the accused, and the parents or guardians (if different). She will speak to the original reporter and collaterals, including the child’s doctor and school. She will see if there is a criminal record or related police reports. Any prior DCF history will be considered. The result of the 51B investigation can be to support the allegation, unsupport the allegation, or substantiate a concern about the family. DCF may require an assessment of the family or offer voluntary services.

In the most extreme scenario, DCF can petition the Juvenile Court for custody of the child, including on an emergency basis if deemed necessary. A care and protection petition begins what is typically a long, arduous court battle involving DCF. Ultimately, a parent’s rights can be terminated and the child placed for adoption.

OneLaw represents clients in all types of matters involving DCF. We counsel clients through the process. We can be present during a home visit during the initial investigation. We may advocate for you during a Fair Hearing appeal if an allegation is supported or substantiated against you. We can represent you if DCF files a case in Juvenile Court or Probate and Family Court. In general, be cautious but cooperative with DCF. However, every situation is different, and you are best to consult with an attorney before deciding how to proceed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, civil rights, juvenile and child welfare, criminal, and related matters.

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GUARDIANSHIPS

Adults with disabilities may need a court-appointed guardian if they are not able to make basic legal decisions for themselves, including financial, medical, and educational decisions. OneLaw works with parents and other caretakers interested in seeking guardianship over any adult who qualifies. This includes planning in advance for children who are about to turn 18. Contact us if you need assistance.

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The Law About School Interrogation

by Chris Connolly, Esq.

Can school teachers and administrators question students about alleged misbehavior? It depends.

Adult defendants have a right not to incriminate themselves. If a police officer has someone in custodial interrogation, the police are required to read them Miranda warnings such as the right to remain silent, the right to an attorney, the right to consult with counsel, and to have counsel present during the interrogation, and the right to have an attorney provided if he cannot afford one. Custodial interrogation is a legal term of art that asks the court to determine whether a defendant would’ve felt free to terminate the interrogation among other factors of compulsion to speak with police. The greater the circumstances are for the defendant to feel compelled to speak with the police, the greater chance there’s custodial interrogation. Frequently in criminal cases, the big issue regarding whether the government can use the defendant’s statements at trial is whether there’s custodial interrogation. For example, a person who goes on his or her own volition to a police station to talk about an event, who is free to leave without any notable factors compelling him or her to stay, the situation probably wouldn’t be custodial. If, however, one changes a few of the details, like the door to the conference room locks keeping the person there while police continue questioning, then custodial interrogation and Miranda warnings could become issues. Questioning by police can become custodial at later points of the interaction even if at the beginning wasn’t custodial.

Separate and apart from the issue of Miranda warnings is whether the statements are made voluntarily. A statement to be used against a defendant can’t be a product of physical or psychological coercion. Many things can factor into whether statements are voluntary including the age and experience of the person questioned. Examples of a statement being involuntary can include in some contexts promising leniency or false assurances that parts of the Miranda warnings don’t apply after the police provided the warnings.

Children have the same rights as adults during police interrogations. Children also have an additional protection during custodial interrogations called the interested adult rule which generally requires the police to have present an adult who has a concern for the child’s welfare and allows the child the opportunity to meaningfully consult with the adult about his or her Miranda rights.

What if a school official is doing the questioning? Courts are reluctant to find custodial interrogation in school situations even though school officials are also government actors like police with great control over students. Whether there is custodial interrogation comes down to whether the school official is acting as an agent of the police during questioning and the involvement of the police in controlling the questioning, including school resource officers. In other words, if the police aren’t controlling, initiating, or influencing a school investigation, then there’s no custodial interrogation.

Separate from that, there is no broad legal requirement that a school official contact a parent or have a parent present before questioning a student. It doesn’t even matter if the school official later turns over the student’s statements to police. Also, no case law at the moment has supported a student’s claim that his or her statements to school officials in the absence of police officer participation is involuntary. However, the argument can still be made.

This isn’t to say that students in public schools have no rights in a school investigation or a disciplinary hearing if police aren’t involved. Students do not have to answer questions. Students also have a right to privacy from unreasonable search and seizures. Numerous state and federal statutes and regulations control procedural due process rights of students. In student discipline hearings, the student has a right to have parents and an attorney participate. If you’re a student being questioned by a school official of something that could be criminal in nature like a fight or the school found an illegal substance in your possession, or there’s any potential violation of school rules, it’s recommended that you ask to have an attorney present before answering any questions and be allowed to contact your parent. Kids often lack the capacity to appreciate the consequences of their actions or words. It helps to have an adult present to make sure they understand what could happen if they speak.

Attorney Chris Connolly represents clients in criminal and juvenile delinquency cases, as well as a variety of education law matters.

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COMING SOON: Attorney Chiara LaPlume will present a seminar in the common area at 55 Chapel Street in Newton on buying and selling residential real estate. First timers are encouraged to attend, but everyone with questions about the process are invited. More details to follow in the new year!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s October newsletter, Attorney Peter Hahn discusses types of special education placements, and Attorney Chiara LaPlume explains different options for holding title to real estate.

Read the full October 2023 newsletter HERE.

The text version is below.

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The school year is underway, fall weather is finally here, and Halloween is right around the corner.

In this newsletter, I discuss what Least Restrictive Environment (LRE) means for special education placement, and Attorney Chiara LaPlume explains different options for holding title to real estate.

OneLaw welcomes the newest addition to our practice, Chris Connolly. Attorney Connolly specializes in criminal and juvenile law, education law, and civil rights. Welcome, Chris!

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

You can also drop by on Halloween at noon for the seminar in our office building at 55 Chapel Street in Newton when I discuss my experiences in “Education Law and Civil Rights”. Hope to see you there!

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Least Restrictive Environment & Types of Special Education Placement

by Peter A. Hahn, Esq.

Special education students are entitled to receive a free appropriate public education in the least restrictive environment (LRE) in which they can make effective educational progress across all domains of identified need (e.g. academic, social, emotional, behavioral).

LRE is defined by how much a student is within or outside the general education setting. The absolute least restrictive environment is an inclusion setting. This is where a student is primarily or solely within the general education classroom. Within the classroom the student may receive support from specialized staff and/or receive accommodations. The student may also get pulled out of the classroom to receive specialized instruction or related services, such as small group reading, occupational therapy, speech and language therapy, or counseling.

In a substantially separate setting, the student is still in the public school but more outside the general education format than in it. The profiles of these students tend to be more intense or complex, thereby necessitating much more specialized and comprehensive programming on their Individualized Education Programs (IEPs). This could be a small class language-based classroom for students with significant literacy deficits, or a classroom with intensive emotional and behavioral supports for students struggling to self regulate.

Some students are no longer able to make progress in a public school. The next level of restrictiveness is a separate day school, which may be in a public regional collaborative or a private school approved by the Department of Elementary and Secondary Education. These schools have different specialties with varying target populations. School districts must provide transportation for student who attend these schools. The most restrictive environment is a residential school. These are for students with the most significant need who cannot live at home.

Ideally, a special education Team discusses and agrees upon what type of placement in the least restrictive environment is necessary for a student. If there is a disagreement between a school district and family, OneLaw can provide legal advice and representation for parents and guardians regarding their legal options to resolve the dispute.

Attorney Peter Hahn represents clients in a range of practice areas, including education, civil rights, juvenile and child welfare, criminal, and related matters.

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On October 31, 2023 at 12:00 PM, Attorney Peter A. Hahn will present a seminar in the common area at 55 Chapel Street in Newton on “Education Law and Civil Rights”.

Attorney Hahn will speak to his experiences in the field and answer questions about special education, student discipline, discrimination, and legal options that individuals and families have in these fields of law.

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Welcome Chris Connolly to OneLaw!

Attorney Connolly represents clients in criminal and juvenile matters, education law, and civil rights. He graduated from the University of Massachusetts – Boston and the University of the District of Columbia David A. Clarke School of Law.

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Holding Title to Real Estate

by Chiara LaPlume, Esq.

There are many reasons to consider how your assets are held, and none perhaps more important than how you hold title to your home, which in addition to possibly being one of your largest assets is supposed to provide a sense of security and permanence.

Basic Title Options

If more than one individual will be on a deed, they will have a few options on how they will take title.

Tenants in Common

This means that multiple owners hold title together, but separately and individually. The owners can own unequal interest in the title (for example, Owner 1 can hold 1/8 of the title to the property, and Owner 2 can hold 7/8). If one of the owners passes, their interest in the home is determined by probate, meaning that the next owner of the landowner’s share is determined by the owner’s will, or if they had no will under the laws on intestacy (i.e., the laws that create a set of default rules for asset and debt distribution for those who die without a will).

Joint Tenants with Rights of Survivorship

Under this option, each owner holds an equal and undivided interest in the real estate, for example 1/2 each if there are two owners. If one of two owners passes away, the other automatically takes full title. If the owner who died left a will saying “I leave everything to charity,” the survivor still takes the entire title to the real estate, because of the way title vests takes priority over the will.

Tenants by the Entirety

This is a way to hold title which is only permitted when the owners are married. It is very similar to Joint Tenants, so that the survivor automatically takes full title, but has some extra protections. Extra protections include: * One of the spouses alone cannot validly transfer their undivided half interest in the property to a third party. * If there is a lien against only one spouse and they subsequently died, the surviving spouse takes full title free of that lien.

More Complex Options

Other options which require further consultation, including the effects on MassHealth and tax, include:

* Holding title in the name of a trust, for estate planning purposes. While the three options of holding title individually can be part of your estate plan, a more complex options might be better indicated, especially if you have a lot of assets, or if the real estate might end up in the hands of minors or people who are not competent to handle home ownership.

* Holding in the name of an entity, for asset protection purposes, which may be considered when dealing with investment property.

* Transferring title so that the original owner is only holding a Life Estate, where the Life Tenant has the power to use the property as they will (e.g., live there, rent it and use the rental income, and so forth) but must preserve the property for the benefit of the named person who will take title after they die, called the Remainderman. Any deed or mortgage to be created after the Life Estate is created would need to be signed by both the Life Tenant and the Remainderman, so there is some loss of control, as well as tax and other consequences which should be discussed before moving forward with this option.

Financing

If you have a mortgage on real estate or may want to use the real estate for a loan later on, the complexity of how you hold title will be a consideration. The basic rule is that the lenders like things to be simple: the more simple, the easier and cheaper the loan. Changing how title is held would also be subject to whether there is a mortgage on the property. Caution should be taken that the mortgage’s acceleration clause is not triggered by the contemplated transfer, which clause states that if title is taken out of the name of the borrower, the lender can request that the loan be paid off in full.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s July newsletter, Attorney Peter Hahn discusses evaluations for special education and related services.

Read the full July 2023 newsletter HERE.

The text version is below.

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Hopefully you are having a great summer and taking some time off.

OneLaw is busy spreading the word. Attorney Chiara LaPlume recently spoke to a group of real estate agents at our nearby Lamacchia Realty office. OneLaw will have a table at our local neighborhood’s Village Day this coming weekend. And we expect to launch a seminar series this coming fall.

OneLaw is also looking for attorneys to join the firm. More information is below. Contact me if you are interested or know someone who might be.

In this newsletter, I discuss the importance of evaluating children for special education and related services.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Evaluations for Special Education and Related Services

by Peter A. Hahn, Esq.

Wondering if your child is learning at grade level? What about behavior at school that’s disrupting the learning process? Is there a mental health issue impacting a student’s ability to access the curriculum?

Public schools have the obligation to evaluate students with disabilities who may require special education. Parents and caretakers can also seek out private evaluations to get an independent professional assessment of a child’s diagnostic profile.

There is a principle in special education law called ‘child find’. A school district has the affirmative obligation to identify, locate, and evaluate all children with disabilities within the district to determine whether they are eligible for special education and related services.

Disability categories include autism, specific learning disability, intellectual disability, emotional impairment, health impairment, developmental delay, sensory impairment, neurological impairment, and communication impairment.

A school district is required to conduct assessments in all areas related to the suspected disability and an educational assessment. Such assessments may include a psychological assessment, health assessment, home assessment, observation of the student, occupational therapy assessment, speech and language assessment, or another specialized assessment. The district has to receive consent from the parent or caretaker with legal authority to consent in order to perform the assessment. These assessments are important to better understand the learning profile and achievement level of the student. They are also used for the school and parent or caretaker to determine whether the child is a student who qualifies for special education and related services from the school district. Such services could include specially designed instruction and/or related services, such as speech or occupational therapy. Services could be provided inside or outside the general education setting.

Sometimes parents want to have evaluations done by someone other than the school district. Often they turn to neuropsychologists, who conduct comprehensive evaluations that typically include cognitive skills testing, academic achievement assessments, a review of social, emotional, and behavioral functioning, and assessments in other areas of concern, such as executive functioning and autism. Neuropsychologists will diagnose if established criteria are met, give impressions of the profile of the person being evaluated, and offer recommendations for programming in school, at home, and in the community. Well done neuropsychological evaluations are extremely informative. They can be shared with a child’s school, helping to inform special education eligibility, IEP content, and placement. Other private evaluations can be done by providers in their respective fields, such as psychologists, psychiatrists, occupational therapists, BCBAs, neurologists, speech and language pathologists, pediatricians, and educational consultants.

Any child struggling in any domain at school – academic, social, emotional, and/or behavioral – should be evaluated in some capacity to better understand the root of the issue and to identify what support is needed for the child to succeed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.

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On July 12, 2023, OneLaw’s Chiara LaPlume spoke at a Lunch and Learn seminar at the Waltham office of Lamacchia Realty. Topics included contingencies and clauses in offers to purchase real estate, condominiums, working with an attorney, and answers to a variety of questions from the agents.

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OneLaw is seeking attorneys to join the firm in our practice areas. Ideal candidates have at least five years experience and an established reputation and referral network. Contact Peter Hahn for more information. You may also send a resume and statement of interest by email (mailto:p.hahn@one-law.us).

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On August 6, 2023, OneLaw will have a table at the Village Day event hosted by the Nonantum Neighborhood Association in Newton. We look forward to meeting more of our neighbors!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, criminal and victim rights, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s June newsletter, Attorney Peter Hahn discusses appellate cases and his experience in the Massachusetts Appeals Court and Supreme Judicial court.  Attorney Chiara LaPlume explains what you should be thinking about when buying a house.

Read the full June 2023 newsletter HERE.

The text version is below.

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After Memorial Day, you know summer is around the corner and the end of the school year is approaching. It also means that OneLaw’s summer intern started, and for those who read the last newsletter, you will be interested to know he’s the former client turned law student!

In this newsletter, I explain the appeals process and my experience in the Massachusetts Appeals Court and at the Supreme Judicial Court. Attorney Chiara LaPlume explains what you should be thinking about when you are buying a home.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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From the Podium

by Peter A. Hahn, Esq.

Lawyers can take on many different roles. Litigators argue points of law, question witnesses, and convince juries in court. In-house counsel typically work with one organization on a number of legal issues. Other attorneys advise clients and draft documents to ensure rights are protected. Then there are appellate attorneys, who have the opportunity to right a legal wrong or establish new law or both.

Almost every legal decision is subject to appeal, which is a review by a different decisionmaker or court. For federal courts, there are Courts of Appeal and the ultimate authority of the United States Supreme Court. In Massachusetts, there is the Appeals Court and the Supreme Judicial Court.

An appeal can challenge any number of issues in a case, from standing and jurisdiction to the outcome of a civil or criminal trial. The appellate attorney has to analyze the substance and process of the case at issue to determine what to challenge on appeal. Extensive legal research must be conducted to determine how the law should have been applied to the facts of the matter. Then the attorney must draft a legal brief that effectively lays out the facts and law to marshal a legal argument that will persuade the appellate court to reverse or uphold the original decision on appeal.

I’ve had the fortune to have a number of cases before the Massachusetts Appeals Court. Every one of my cases has had an oral argument in front of a panel of judges, usually three. You must be prepared to make a long statement about the case and to respond to challenging questions that the judges throw at you, which can sometimes happen right from the outset.

Arguing in front of the Supreme Judicial Court for the Wallace W. case was quite the experience, in front of an array of justices and at the center of a large and solemn forum. Like a coliseum for lawyers jousting with arguments instead of swords. Fortunately the SJC righted the legal wrong in that case and established new law at my urging, leading to a new procedure in Juvenile Court.

Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.

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OneLaw’s Holly Vietzke is a member of the National Academy of Elder Law Attorneys (NAELA), which is dedicated to improving the quality of legal services for older adults and people with disabilities.

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What to Think About When Buying a Home

by Chiara LaPlume, Esq.

Whether you have never purchased before, or simply if you have not purchased in a while, here are some items to think about as future buyers of real estate in Massachusetts.

A buyer’s agent is a free way to obtain some assistance in market analysis and negotiation when purchasing real estate. The buyer’s agent is paid from the commission earned by the real estate agent representing the seller. Therefore, unless you reach a different agreement with an agent, the services of a buyer’s real estate agent are at no cost to a buyer. A real estate agent who is assisting you with the transaction as a buyer can do so in three capacities: as a buyer’s agent, representing only you; as a seller’s agent, working with you but representing and having loyalty only to the seller; and as a dual agent, representing both the buyer and the seller, and therefore having no loyalty to either.

At the beginning of the offer process, the agent preparing the offer with you should provide you with a one-page, transaction-specific disclosure, describing your relationship to them, and therefore clarifying if they are working only for you, only for the seller, or for both. Needless to say, a real estate agent working with only your best interests in mind will provide you with better representation in negotiation, as well as more loyalty and confidentiality. For example, if you were working with a seller’s agent, any information that you give them is being shared with the seller and any offer discussion are made with the seller’s best interest at heart. Therefore, OneLaw recommends working with a reputable buyer’s agent on your purchase. Ideally, one that will look out for your interests, and can guide you through the process and price negotiations with only your interests at heart.

While inspections and other due diligence items have oftentimes been waived during the pandemic years’ real estate frenzy, we are seeing a return to sanity with buyers going back to performing some due diligence and taking the time to better understand the details of the real estate they are buying before they sign the Purchase and Sale Agreement. We are seeing less waived home and radon inspections. However, every transaction is different, and we are still seeing inspections being waived, even if the trend is towards having a home inspection.

We have also seen an increased number of buyers having snags with their financing. It was always important, but it is even more important these days, to have a pre-approval with a solid lender or mortgage broker. A good mortgage lender is one that can provide you with a good rate of interest, but also one that addresses any issues that might come up on the loan approval well before the loan approval review takes place on your file, and one that will close on time. If you are unsure about your lender’s ability to make the loan happen, there are two questions you can ask. One is asking your loan officer (not the lender in general) what their ‘application to closing rate’ is. Some loan officers will try to anticipate problems, and only take your application if they believe that you and the property will qualify for the loan program. You would want to see that almost all of the loan officer’s applications have closed. Another question you can ask is: how many of the loans they have been able to close on time in the last 5-10 years. The answer is, ideally, 100%. In the home stretch, any delays could put your deposits at risk, since in Massachusetts real estate purchase contracts are “time is of the essence” contracts, meaning that, if you cannot close on time, it is within the seller’s rights to take your deposit and find another buyer – even if you would have been able to perform the day after the closing date.

In Massachusetts, all real estate is expensive. It is always a good idea to build a strong team to guide you through the purchase of real estate. If you have any questions about the homebuying process, feel free to contact OneLaw.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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Time to update your estate plan? Have you been meaning to draft your will? Do you need to set up a special needs trust? Contact OneLaw for a consultation.

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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.

In OneLaw’s March newsletter, Attorney Peter Hahn discusses cases in the Massachusetts Juvenile Court, and Attorney Chiara LaPlume considers the current state of the residential real estate market.

Read the full March 2023 newsletter HERE.

The text version is below.

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Spring is upon us. I hope you are enjoying it.

Recently I received quite the blast from the past in the form of a voicemail: “I’m a very old client of Peter Hahn’s from 2010… I thought he might be interested to know he inspired one kid to go to law school.” Years ago I represented a 10 year old boy in Juvenile Court. Now he’s on the way to becoming a lawyer. Life really does surprise in interesting ways.

In this newsletter, I explain the types of legal matters that are heard in Juvenile Court, and Attorney Chiara LaPlume shares her advice on the state of the current real estate market.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Behind Closed Doors in Juvenile Court

by Peter A. Hahn, Esq.

Almost every case in the Massachusetts Juvenile Court is a closed proceeding not open to the public. This is due to the sensitive nature of the proceedings as well as to protect the identity of the children involved. But that also means only the people with a right or duty to participate know what truly goes on. In Massachusetts, there are three main types of cases that are heard in Juvenile Court. Juvenile delinquency matters are essentially criminal cases for minors (prior to a person’s 18th birthday). Much of the substantive criminal law applies but there are also unique laws designed to address the specialized nature of these cases. In Massachusetts, juveniles even have a right to a jury trial. There is a separate “youthful offender” category for more serious offenses for older children, and these cases are open to the public. Care and protection matters involve reports of the abuse and neglect of children and the Department of Children and Families (DCF). The court may order custody of children to DCF and, in certain situations, a parent’s rights may be terminated and the child placed for adoption. These proceedings are different than Fair Hearings, which are administrative appeals of DCF decisions. Child Requiring Assistance petitions may be filed by parents or schools for children deemed runaways, stubborn, truant, or habitual school offenders. The court can provide oversight via the probation department and may place the child in the custody of DCF. I sometimes see special education disputes spill over into Juvenile Court if a school files a CRA for lack of attendance or behavior.

Attorney Peter Hahn represents clients in a range of education law, juvenile and child welfare, and civil rights matters.

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OneLaw’s Holly Vietzke is speaking about Better Legal Writing to the New Hampshire Bar Association on April 5

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The Nature of the Residential Real Estate Market

by Chiara LaPlume, Esq.

We have all heard about rising interest rates and the real estate market changing across the United States.

What is OneLaw noticing?

To start off with, it is undisputed that Covid made most people think about real estate differently, and motivated many to change their living situations – oftentimes by expanding their dwelling size to accommodate working from home, or by moving further away from large cities as commute times became less important. The increase in desire to change living situations was also supported by low mortgage rates. The result was a very seller-favorable real estate market, and a drive-up in home prices.

What do the numbers tell us?

As for volume of transactions, the Norfolk County Registry of Deeds reported in their March newsletter that in February 2023, there were 6,702 documents recorded at the Norfolk County Registry of Deeds, a 35% decrease from February 2022. A total of 909 mortgages were recorded with the Norfolk Registry in February 2023: 53% less than a year ago at the same time, and down 9% from January 2023. Meanwhile, the number of deeds for February 2023, which reflect both residential and commercial real estate conveyances, was 968 for February 2023: a decrease of 11% from February 2022, and a decrease of 6% from the previous month of January 2023. The average sale price in February 2023 was $947,974, a 22% decrease from February 2022 and an 11% increase from January 2023.

Although anecdotal, this is what OneLaw is seeing: clients, whether they are just starting out or very comfortable alike, are still buying, selling and moving. People who can pay cash are still sometimes taking on much bigger mortgages than they need to, in order to keep cash on hand. Others, especially those starting out, are trying to put more money down to keep the monthly payments in check. We are seeing more people applying for adjustable rate mortgages, hoping for more favorable rates at some point over the next several years. The bargaining power of the sellers had decreased: while bidding wars are not unheard of, the offers appear to be more constrained compared to those over the last few years. For example, more buyers are keeping an inspection and mortgage contingencies in their offers, and less buyers are freely giving sellers a long use and occupancy period, which is when the seller’s right to occupy the home continues after the sale closing date.

Above all, the old rule is still true: all real estate is local. We are finding that price drops are affecting some areas more, while barely affecting others. If you have any questions about your residential real estate, feel free to reach out to OneLaw to discuss your specific situation.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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OneLaw is now a member of the Charles River Regional Chamber https://www.charlesriverchamber.com/

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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.

In OneLaw’s first newsletter, Attorney Peter Hahn discusses resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.

Read the full January 2023 newsletter HERE.

The text version is below.

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Welcome to OneLaw’s first newsletter!

OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas.

In this newsletter, I discuss resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.

OneLaw also welcomes Attorney Chiara LaPlume, who joined us in 2023 to represent clients in residential real estate matters.

Whether a current, past, or future client, let us know how OneLaw can help you.

Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Resolution Options for Special Education Disputes

by Peter A. Hahn, Esq.

Hopefully you never have a dispute with your local school district about special education for your child. It would be great to have no issue with eligibility, developing an appropriate Individualized Education Program (IEP), and identifying the right type of placement. But where are you to turn if you and the school disagree?

Formal litigation in Massachusetts begins at the Bureau of Special Education Appeals (BSEA). You or the school file a complaint to get the process started. The complaint states the facts of the situation and lists requests for legal relief, such as changes to the IEP or placement, compensatory services, reimbursement for a unilateral placement, an evaluation, or other equitable relief. The complaint must be filed within two years of the event at issue. The case is assigned a hearing officer, who is like a judge. An evidentiary hearing is scheduled. This hearing is like a trial. Whoever filed the complaint has to prove to the hearing officer why the other party did not follow the law and what legal relief should be ordered as a result. Parents are strongly advised to have an attorney for a BSEA proceeding.

Outside of the formal complaint process, the BSEA offers mediation services. Mediation is voluntary and non-binding. A BSEA mediator is assigned to facilitate a discussion with the possibility of achieving an agreement between you and the school district. Mediation typically results in a legally binding written agreement.

There are other types of complaints that may be filed. The Massachusetts Department of Elementary and Secondary Education (DESE) has a Problem Resolution System (PRS) that assesses and investigates complaints about school districts not abiding by their legal obligations, including for special education procedures. PRS issues a Letter of Finding and can require corrective action from the school district. A PRS complaint must be filed within one year of the event at issue.

The Office for Civil Rights (OCR) at the United States Department of Education receives and investigates discrimination complaints, including based on disability. OCR may enter into a resolution or compliance agreement with a school district or seek to take enforcement action. An OCR complaint must be filed within 180 days of the event at issue. Whether or not one of these options is involved, sometimes parents and a school district negotiate and enter into a settlement agreement, which is a written contact with agreed upon terms and conditions regarding the legal rights and responsibilities of the parties.

What dispute resolution option is right for you depends on the situation. You are best to consult an attorney in a timely manner to ensure your legal rights are protected.

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Attorney Peter A. Hahn was named to Boston Magazine’s Top Lawyers List for 2022!

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The Oops Inheritance and How to Avoid It

by Holly Vietzke, Esq.

Children with significant special needs may need a lifetime of care and financial resources that make them dependent on others. Many well-intentioned grandparents and relatives like to leave inheritances to them to ease that burden. And we love them for that! But unfortunately, if not done correctly, it could have the opposite effect and cause more financial hardship for the disabled child.

Leaving an inheritance outright to a person with a disability will jeopardize any public benefits he or she receives. Even if the beneficiary never touches the money, it is still legally in his or her name. That means that the inheritance will displace or offset any government benefits until such inheritance is exhausted, and that is often not the intent of the decedent. The way to avoid this—and protect the inheritance—is to leave the inheritance not to the person but to a Supplemental Needs Trust for the disabled person’s benefit. Such a trust can ensure that the entire inheritance goes to the beneficiaries of the decedent’s choice and is used to supplement—not supplant—the disabled person’s income and benefits. So if you have a child with special needs, and your parents or other loved ones wish to leave your child with an inheritance or distributions under a trust, make sure that you set up a proper Supplemental Needs Trust BEFORE your loved one passes away and then have your loved ones correct the bequest in their will or trust to name the SNT as the beneficiary, not the person.

Attorney Holly Vietzke assists clients with estate planning, special needs planning, probate administration, and guardianships in addition to providing representation in special education and student discipline matters.

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Chiara LaPlume recently joined OneLaw ‘of counsel’ to represent residential real estate clients, from first time home purchasers to seasoned sellers and condominium associations. Attorney LaPlume obtained her Bachelor in Laws from University College, University of London, England and earned her LL.M. from Boston University School of Law. She is a member of the Real Estate Bar Association for Massachusetts and has presented for professional associations.

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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.

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