Patricia is purchasing a property in Lowell, Massachusetts that borders a wetland area. Her broker recommends including a contingency in the purchase and sale agreement related to obtaining an Order of Conditions from the local Conservation Commission. The seller's agent says this contingency is unnecessary. Under Massachusetts law, why is the broker's recommendation appropriate?
Correct Answer
A) Because any work within 100 feet of a wetland in Massachusetts requires a Notice of Intent and an Order of Conditions from the local Conservation Commission before proceeding
Under the Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40), any activity within 100 feet of a wetland — known as the buffer zone — requires the filing of a Notice of Intent with the local Conservation Commission and the receipt of an Order of Conditions before work can proceed. If Patricia plans to make improvements to the property, she needs to know whether the Conservation Commission will approve her intended use. A contingency allowing her to obtain and review the Order of Conditions protects her from purchasing a property where her intended improvements may be restricted or prohibited.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
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