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How did JP dental-implant place end up with property whose owner didn't want to sell to them?

The Jamaica Plain Gazette takes a look at how Bicon Dental wound up owning a historic house that it plans to knock down for a parking garage and townhouses.

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Give us all a friggin break.

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An article about a completely slimy, unethical transaction, and your concern is the use of the word "historic"?

That said, I hope that the townhouses are luxury townhouses!

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As the "historical preservation" status of the house (to quote the JP Times article) has yet to be determined (and likely doesn't even exist), it is irrelevant to the story of how the dental implant place wound up with the house in the first place. Therefore, describing the house as "historic" is a needless disclaimer that is obviously designed to provoke sympathy among the readers.

That having been said, and as a student of history and a supporter of legitimate preservation efforts, I've always had severe heartburn with the concept that anything is presumed to be historically significant just because it's over fifty years old. There are actually many structures throughout the country that have true historical significance for architectural or other reasons (like Boston City Hall), but are not afforded similar protections just because they're "too young" and have not yet attained that "magic" age for 50. Likewise, there are many structures well over 50 years old that are just old structures and have NO historical significance associated with them.

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I hope that eyesore is magically demolished before its 50th birthday. It's nearly as ugly as the most important historical event to take place there (The Soiling of Old Glory). I'm hoping you're lumping BCH into the "other reasons" category. Brutalism...ick.

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Well, it could be historic in another 50 years if it doesn't get torn down and replaced with a parking garage...

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Historic as in ancient history.

IMAGE(http://ceephotos.karcor.com/wordpress/wp-content/uploads/20110427-amead-Excavator-with-Demolition-Claw-Ann-Arbor-MI.jpg)

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Isn't it illegal to already be tearing the house down?

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Oh. That's not today, Ron (don't know if it is the location, either).

I think Kvn was pulling your leg.

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Yeah, the Gazette addresses that in the story. It can't be pulled down until April.

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Because that's how we keep housing prices in check, by taking housing stock off the market. The city really ought to be able to veto any demolition which is not replaced with a similar amount of square feet of livable space. Otherwise we'll just be left with luxury condos and parking lots. And not just in the Seaport.

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Because that's how we keep housing prices in check, by taking housing stock off the market. The city really ought to be able to veto any demolition which is not replaced with a similar amount of square feet of livable space. Otherwise we'll just be left with luxury condos and parking lots. And not just in the Seaport.

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If you outbid the lab , you could have left it in the housing stock. Then rent it out , after de-leading and securing any loose asbestos. Bring everything up to code, maybe change the color. If you got the dough , its your prerogative.That would work if you could get it for say $14,000, but you cant.

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If nothing else, it is a very pretty house inside. All hardwood floors and the window casing seem to date back to when the house was built.
http://www.newenglandmoves.com/property/details/906633/MLS-71657685/21-Y...

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If the seller had been particularly interested in preserving the house, she was free to add restrictions to the deed, stipulating that the house not torn down. That, of course, would have reduced the selling price. She chose not to put her money where her mouth was, and now has no standing.

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She sold the house for a fair price. What exactly can she claim are her damages?

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Exactly how much latitude does a seller have to sell or not to sell to a qualified buyer?

I know that sellers sometimes have some idea of who they want to sell to and under what financial terms (I wanted cash offers on my parents' house so relocation would proceed smoothly), but how about "don't want to sell to immigrants" and other non-noble seller behaviors?

Also, after a sale, how much control does a seller have over what happens to the property if the sale agreement wasn't encumbered?

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She singed a quitclaim deed. She would be liable for any unusual contamination, but she surrendered her rights to have any say in the house once she collected her $600,000. By the way, it took 27 years, but poor Ms. Berriz made $415,000 profit on the house as well.

There were no deed restrictions in the deed, nor none referred too.

I always tell people buying / selling a piece of property two things; Do not get emotional over a house, because there is always another house, and 2. No one is your friend, not the buyer / seller, not the agent, no one. This is a bigger version of buying a car; watch your back and it is your money, do not let anyone forget that. You are the fulcrum in the deal.

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... can a seller include an addendum to the sales agreement that the property cannot be resold within some period of time (1 year, 2 years...) barring, say, default/short sale?

I don't know if that's enforceable, but it seems like something that might be helpful in condo buildings that have had problems with negligent flippers.

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You are the owner of the house.

You are not obligated to accept anyone's offer.

You are not obligated to sell to the highest bidder.

"I don't like the way his cologne smells," or "I had a toothache the day his offer came in, so I was in a nasty mood," are as good as any other reasons.

If you discriminate on the basis of race, religion, national origin, or any other legally protected classification, that's illegal. But, unless you advertise such a preference, or instruct a broker to discriminate on your behalf, or state a discriminatory reason as your explanation for refusing an offer, it's otherwise pretty near impossible to prove.

Once the sale is completed you are no longer the owner and you have no more influence over what happens to the property than anyone else. If you want to exercise such control, put it in the deed.

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One other thing , the dental lab gave her leverage in selling the house, driving up the price.

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