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Made a Cash Offer. Can I Still Use a Loan?

4/2/2019

Question: I am buying a home after recently making a ”cash offer”. Now, I want to borrow the purchase funds. The Seller is now complaining. What are my rights?

Answer: I will let you in on a little secret…there are two types of cash offers. Each one provides different levels of confidence. However, this is rarely understood by the parties.

From Seller’s perspective: a cash offer confirms the buyer will not use a lender at all. This conveys the most confidence and is likely what the Seller assumed about your situation.

From Buyer’s perspective: a cash offer, is simply not contingent upon the Buyer obtaining financing. The buyer may use his own cash or borrow the purchase funds from a lender. If this type of “cash” buyer fails to get a loan, he will lose his deposit – but still walks away from the deal.

In your case, the Seller likely can’t terminate the deal, because of your loan. It isn’t a violation of your contract. However, give your Seller confidence in your ability to get a loan. Share your good credit score, or your mortgage commitment when it comes in. Remind the Seller that he will get your deposit if you fail to purchase. Hopefully, the deposit amount is sufficient to calm the Seller’s nerves.

Attorney James Haroutunian practices real estate, estate planning and business law in Billerica at 630 Boston Rd and can be reached with questions at 978-671-0711 or via email: James@hlawoffice.com.

Investment Account for Disabled Now Available

3/26/2019

Question: My 19 year old disabled son may soon receive an modest inheritance from his uncle. How can you avoid my son becoming disqualified from his disability benefits.

Answer: Massachusetts’ Educational Financing Authority (MEFA) offers a special investment program, called the ABLE program. ABLE accounts offer financial independence without the complexity of structuring a special needs trust. Fidelity manages these accounts, in which assets below $100,000 are not counted as a resource for for disabled individuals receiving to applying for SSI or Medicaid.

Similar to an IRA or a 529 college planning account, earnings and withdrawals for qualified expenses are free from federal and state tax. ABLE account funds can be withdrawn for medical and education needs, job training, and housing expenses. It is important to keep good records, to prove any withdrawn funds were used for eligible expenses.

Some requirements: only folks who were disabled before the age 26, may open an ABLE account. The maximum annual contribution is tied to the federal gift tax exclusion amount which is currently $15,000.

Fidelity offers a convenient cash management account linked to an ABLE account. Tools such as checks, or an ATM debit account are available.

Attorney James Haroutunian practices real estate law, estate planning and probate at 630 Boston Road, Billerica, MA. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. This column is published for entertainment purposes only and not to be relied on as legal advice in any manner.

“Carlton Dance” Denied Copyright Protection

3/19/2019

I was a teenager in the 1990’s. My Son, Jack, is a teenager in the 2010’s. Our childhoods intersect perfectly in this story…

Actor, Alfonso Ribero, starred as “Carlton” in the 1990’s show “The Fresh Prince of Bel Air”. On the show, he popularized a nerdy, fun dance, commonly called “The Carlton”. You have probably seen the hip swaying, arm swinging, side stepping choreography at a wedding reception.

Fortnite is an online video game, extremely popular with today’s youth. Kids enjoy a fun quirk in the game, where a player selects a dance for their character to perform. (Usually, after he or she kills another opponent). One of the available dances resembles “The Carlton”.

Alfonso Ribero took issue with this similarity and sued the company behind Fortnite. The U.S. Copyright office dealt the actor a blow this week, in a letter detailing the limitations of Mr. Ribero’s claims.

"The combination of these three dance steps is a simple routine that is not registrable as a choreographic work," said a representative of the Copyright Office. "Copyright law is clear that individual dance steps and simple dance routines are not protected by copyright, but rather are building blocks of free expression, which are in the public domain for choreographers, dancers, and the general public to use, perform, and enjoy."

The video game company is using the letter to seek dismissal of this case, as well as others. A few entertainers have sued because their dance moves were copied in Fortnite.

Being older, I don’t recognize these plaintiff’s names, other than the “Backpack Kid” who popularized the “Floss” dance. If you know this dance, you are probably reading this on an iPad.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Right To Cancel Contract Depends on Where It Was Signed

3/19/2019

Question: Yesterday, we signed a contract with a remodeling company for a large addition to our home. Today, I heard some really negative stories about the contractor. I would like to get out of the contract. Is it too late?

Answer: The three most important factors in real estate is “location, location, location”. This also applies when signing your home improvement contract. As is common, the contractor might’ve come to your house to present the paperwork. Maybe at your kitchen table you signed the documents. If so, you have three business days following execution, to cancel the contract in writing.

Massachusetts law allows three business days for you to deliver a written notice of cancellation of your contract - if it is signed outside of the contractors office. You may have more time, if there are missing terms in the document. When important sections are left blank (quite common), the three day period does not ever begin.

If you signed a complete contract in the contractors office, you may not unilaterally cancel your contract. Try speaking with the contractor to either resolve your fears or negotiate your way out of the deal.

Finally, I will spare you the lecture about researching contractors after signing your agreement

Attorney James Haroutunian practices estate planning and real estate law. Contact him with questions at the Haroutunian Law Office at 630 Boston Road, Billerica, 978-671-0711, www.hlawoffice.com or by email at james@hlawoffice.com.

Trust is Like Beneficiary Page for Real Estate?

3/12/2019

Question: Why do some of my retired friends own their homes in revocable trusts?

Answer: There are various reasons to own real estate in a revocable trust. The most common reason: to avoid probate. Let’s face it. We are all going to pass away, at some point. Without a trust, our children must start a lengthy, expensive and frustrating legal process to take over our assets.

For certain financial assets (life insurance, investment or bank accounts), the probate process can be eliminated by completing a “beneficiary designation form”. They can save our children thousands of dollars, a year of delay and countless frustrations. Most folks were introduced to these forms, when they setup their 401k or IRA accounts. But what about real estate?

This is why your friends use revocable trusts for their homes. At minimum, such a trust acts like a beneficiary designation form for your deed. A trust allows your children to take over ownership and control immediately upon your passing. No probate needed. If they desire, my kids can visit the realtor’s office on the way home from my funeral.

Attorney James Haroutunian practices real estate law, estate planning and probate at 630 Boston Road, Billerica, MA. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711.

Small Words With Big Meaning: “Up To”

3/5/2019

Question: I am buying a house. After the inspection, I negotiated a $7,000 credit. The realtor said we have to say the credit was toward my “closing costs”. My loan carries low closing costs, though. Now, the seller wants to reduce the amount of the credit. We made a deal for $7,000. Why should I take less?

Answer: The language in your purchase and sale contract will be important in support of your dispute. Look out for two horrible words: “up to”. If your contract says the seller will pay “up to” $7,000, you may be out of luck.

When negotiating a credit on a contract, realtors and lawyers often justify the credit by calling it a “closing cost credit”. Lenders don’t like normal credits. There is opportunity for pricing shenanigans, if credits are allowed without reason. Because most lenders allow a small percent of the sale price to pass as a “closing cost credit” the terms is often used.

If your language contains “up to” as a qualifier, your seller is rooting for your closing costs to be low. They only formally agreed to pay the closing cost total. If the total is less than $7,000, the seller is usually off the hook.

Also look at the contract for its definition of “closing costs”. Contract language often defines the credit to be used for “lender costs, escrows, prepaid items, and attorney fees”. When these items are included, you can usually soak up the full $7,000.

I imagine your attorney will gladly charge whatever is necessary to use the extra credit money. Make the argument that your closing costs should include these items regardless of the language you used.

Attorney James Haroutunian practices real estate law, including estate planning. Contact him at www.hlawoffice.com with questions or at the Haroutunian Law Office at 630 Boston Road, Billerica, 978-671-0711 or email at james@hlawoffice.com.

Joint Owner of Account Guilty of Theft

2/26/2019

A case from the state of Maryland establishes that a “co-owner of a joint account can be guilty of theft for stealing from that account”.

Here are the quick facts: A father asked his daughter to help him with his finances. Rather than signing a Durable Power of Attorney, he added his daughter to his bank account as a joint owner. Later, the daughter withdrew money for her own use.

The daughter was charged with theft, but argued she could not be charged with theft for withdrawing money from a joint account. Heck, both parties owned the account equally.

The father testified that he added her to the account only so that she withdraw money for him. The daughter was found guilty and appealed. The Maryland Appeals Court agreed with the lower court. The court held the daughter could be guilty of theft for stealing from a joint account.

The court stated, "titling an account as 'joint owners' presumptively creates an ownership interest in both parties, but that presumption can be rebutted by evidence of a contrary intent of the original owner of the account." Namely, the intent of the parties can overcome the rights given through joint ownership.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Can My Lawyer Record Our Conversations?

2/19/2019

Question: Attorney Haroutunian, I have enjoyed working with you as my lawyer over the past few years. But, after the President’s latest episode, is it legal for you to record our conversations?

Answer: First, know this: I have never, and will never, record a conversation with a client. I consider it an extreme betrayal of trust.

Second, recording a conversation without the consent of all parties, is illegal in Massachusetts. General Laws Chapter 272, Section 99 imposes criminal fines up to $10,000.00 and/or imprisonment up to 5 years. Massachusetts has one of the toughest laws against secret recordings, in the country.

In 2016, a Mount Holyoke college student recorded a professor’s lecture, without the professor’s knowledge. When the professor’s controversial opinions about the 2016 presidential election were released online – they went viral. Lost in the controversy, was the technically illegal act, performed by the student. The college later developed policies about classroom recordings.

New York, on the other hand, does allow people to secretly record conversations. Lawyers, also, may benefit from differing opinions by bar associations in New York. A 2001 American Bar Association rule change allows for lawyers to secretly record conversations with non-clients, but must fess up, if asked about it. The association was not definitively for or against recording client conversations. Thus, ethical review comes on a case by case basis.

Finally, let me repeat: I have never, and will never, record a conversation with a client. Now, if I can just get my kids to stop shaming me, by recording my singing at home.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Moving in with Children? Know Their Finances.

1/31/2019

Question: We are retiring soon, and would like to spend some months in Florida. We may sell our home and build onto our son’s house. We have no mortgage, and would use 1/3rd of our sale proceeds to build. What should we consider?

Answer: You are not alone, in your quest. There are no set rules for a successful and enjoyable retirement. If you are looking down this road, there are many considerations. In fact, I should probably spend the next few weeks discussing each item in detail. Most importantly, you should know your son’s financial situation.

Have a detailed discussion about your son’s mortgage and housing costs. What is his monthly mortgage payment? Taxes? Insurance? PMI? 2nd mortgage or equity line? You are leaving a housing situation with no mortgage – moving into housing in the shadow of a looming mortgage. Your stay will be uninterrupted as long as the mortgage company is satisfied. However, you will be reliant on your son’s ability to perform his mortgage obligations.

Play out the scenario of him losing his job, becoming disabled, or worse, dying. How long could he go before defaulting on his mortgage? Is his employment solid? What is his outstanding mortgage balance? Would (or could) you step in to cover the monthly cost?

What are his and his wife’s outstanding debts? Do either of them owe federal or state taxes from the past? Any prior bankruptcy filings? Get a clear financial picture of your son and daughter in law, because your housing rights may soon hang in the balance.

Attorney James Haroutunian practices real estate, estate planning and business law in Billerica at 630 Boston Rd and can be reached with questions at 978-671-0711 or via email: James@hlawoffice.com.

Life Insurance Company Won’t Release Check

1/24/2019

Question: My wife of 50 years passed away this year. She had a small life insurance policy. After a while, I completed the claim paperwork. The company would not send me a check, but rather opened a bank account in my name, and deposited the funds. Can I change this?

Answer: The insurance paperwork should have provided clear instructions, giving you a choice of getting a check, or opening an account with them. We reviewed your forms and found them broad and confusing. When we spoke to a company representative we were candidly told, the company did not want to lose the portfolio money. To prevent this loss, the company offers no method for a direct payment of funds.
The company requires your life insurance funds be deposited into a newly created account with their company. This account appears harmless, but carries limitations on withdrawals. I personally find it insulting, so I complained. I was instructed to “write in the margin” of your claim form, your desire for “payment by check”.
The life insurance company is a major national company, whose building stands high above the Boston skyline. I hope they read this column to hear how distasteful their claims procedure is, and how much undue stress it causes.

Attorney James Haroutunian practices real estate law, estate planning and probate at 630 Boston Road, Billerica, MA. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for entertainment purposes only and not to be relied on as legal advice, in any manner.

Life Insurance Claims Gauntlet

1/22/2019

As the newly widowed man sat at my table, despondent over his recent loss, he poured over paperwork. His wife of over 50 years left him a life insurance policy. In the weeks following her death, the man notified the insurance company. Then came the flood of documents.

Junk mail increased, focused on matters surrounding investments, and senior activities. He suspected the insurance company sold his contact information and told others of his recent loss. When the life insurance policy claim forms arrived, more confusion ensued.

He opened duplicative sets of policy claims, from both the insurance agency, and his wife’s former employer. The cover letters gave claim instructions, which were inconsistent with the forms. When the man called the company for guidance, he spent hours on hold. One issue confounded him. How was the company going to send him the money?

A simple question, usually. However, together we researched, and learned something disturbing: the company did not want to lose the portfolio money, and offered no method for a direct payment of funds.

The company required the life insurance funds be deposited into a newly created account with the life insurance company. This account appeared harmless, but carried limitations on withdrawals. I personally found it insulting, so we called the company. We were told there was no option on the form to select direct payment. We were instead instructed to “write in the margin” our desire for “payment by check”.

The life insurance company is a major national company, whose building stands high above the Boston skyline. I hope they read this column to hear how distasteful their claims procedure is, and how much undue stress it causes.

Attorney James Haroutunian practices real estate law, estate planning and business matters in Billerica at 630 Boston Road. Contact him with questions at 978-671-0711, www.hlawoffice.com or email him at james@hlawoffice.com.

Verify Correct Homeowners Insurance Policy At Closing

1/17/2019

Question: Before I bought my home, last fall, I met with a few homeowners insurance agents to obtain rate quotes. Most required full payment in advance. My longstanding auto insurance agent gave me a deal - agreeing to bill me monthly. However, another agent took the liberty of sending an insurance binder to my bank, causing them to pay their annual premium through my closing costs. I didn’t notice this at closing and have since been making monthly payments to my longstanding agent. How do I fix this?

Answer: The extra security of being over insured is not worth the price you are paying. You understandingly wish to pay the minimum required to satisfy the lender’s requirements. Given that the other agent secured a policy without your approval, demand a refund of the annual premium you paid through your closing costs.

If the agent is unwilling to accommodate you, have an attorney contact them. The agent may have merely made an error, or he acted unscrupulously. Many agents race to issue an insurance binder in the hopes this will secure your business. This type of practice is certainly frowned upon by the Massachusetts Division of Insurance. Perhaps filing a complaint the division of insurance will motivate the agent to give your refund.

Before you do this, be sure your longstanding agent’s policy terms are acceptable to your lender. Remember, your lender likely only approved the terms of the other insurance agent’s binder.

Attorney James Haroutunian practices real estate law, estate planning and small business formation in Billerica at 630 Boston Road. Contact him with questions at 978-671-0711 or email him at james@hlawoffice.com.

Is Attorney-Client Privilege Dead?

1/15/2019

In early April 2018, President Trump delivered a tweet, stating “Attorney-client privilege is dead!”. Is this statement the angry response of a person whose lawyer’s offices were just raided by the FBI, or is it something to be taken seriously?

Whatever the answer, the revelation of an FBI raid on Trump’s attorney’s office caused me to revisit this important rule of evidence. In Massachusetts, “a client has a privilege to refuse to disclose, and to prevent others from disclosing, confidential communications made for the purpose of obtaining or providing professional legal services”. Who May Claim the Privilege? The client, the attorney or their representatives.

So, how could FBI investigators seize privileged communications between Donald Trump and his lawyer, such as emails, texts or faxes? There are exceptions to the privilege rules.

Namely, “if the services of the attorney were sought or obtained to commit or to plan to commit what the client knew or reasonably should have known was a crime or fraud”. Using this exception to the privilege rules, FBI investigators felt empowered to seize attorney-client communications. A court will soon decide the challenge of whether the discovered information falls under the “crime-fraud exception”.
So, is Attorney-client privilege is dead? Not apparently. Just remember there has always been a limit to the protection of your attorney-client communication.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Public domain reopens in 2019

1/14/2019

Did you know that copywritten films, plays, books and music, have an expiration date?
When expired, they become part of the public domain. This means the works of art become available for reproduction, interpretation or adaptation without permission by the owner.
Old works haven't entered the public domain since 1998, when Congress extended the 75-year copyright term. Now each year, 95-year old copywritten works will enter the public domain.
What came around this year? Films like "The Ten Commandments," comedies from Charlie Chaplin and Buster Keaton, literary works from Robert Frost, and the perfect song: "Yes, We Have No Bananas."
Fans of individual property rights may decry the public domain. But, legal cases have expressed the importance of the public domain on modern creative works. Heck, if Shakespeare still owned copyrights over his library, we would never have "West Side Story" or the "Lion King."
Sometimes, simple re-publication of a previously copywritten work can have a successful effect. The film "It's A Wonderful Life" was an apparent flop, in 1947. However, after its entry to the public domain in 1975, television networks were free to run it endlessly around Christmastime. This exposure raised the film to legendary status.
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711.

Read more: http://www.lowellsun.com/business/ci_32381559/public-domain-reopens-2019#ixzz5cbQWvjLW

Need a Passport Quick? Be Prepared.

1/10/2019

Question: Dad, I think my passport expired. How am I going to get on the plane for our vacation, Monday?

Answer: Son, don’t worry. Passports expire every 10 years. We got yours 5 ½ years ago…(Dad looks at passport and confirms the expiration date passed already)…(Dad google searches passport timelines and discovers upsetting news)…Son, you are correct. Adult passports may expire every 10 years, but passports obtained by children under 16 years old, expire every 5 years. Yikes, now what?

With one business day before travel, Dad researches “how to get an expedited passport” online. The government websites give no hope. Special companies offer expedited turnaround, but require $429 per child, and give no promise of success. Finally, Dad turns to Facebook.

Fortunately, many of Dad’s friends have been in the same boat. Each advise to be at the Passport agency at the crack of dawn. So, Dad keeps his kids home from school and together with Mom, visit the Tip O’Neill Federal Building in Boston at 7:00 am on Friday.

The building opens at 7:00 am, and the agency opens at 8:30. While waiting, beleaguered families arrive one by one. All share identical stories, some coming straight from the airport.

Ultimately, after 4 hours, I am told to return at 4:00…I mean, the Dad is told to return… and pick up the new passports. The process went smoothly, and the family is allowed to travel on their long planned vacation.

Some tips:

Bring a certified copy of your kid’s birth certificate.
Bring travel itinerary or plane ticket substantiating the emergency.
Passport photos can be taken and printed quickly at any CVS.
Both parents need to attend (unless one parent signs a notarized authorization form, or a court order confirms a single parent’s custody).
Above all, don’t stress as much as the Dad in this story. The passport agency gracefully handles these emergencies every day.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Don’t Pay Repair Bill Until Checking For Auto Recalls

1/8/2019

Question: I bought a 3 year old used car. After driving it for a year, the wheel basically fell off the car. I have a quote of $2,500 to fix the wheel and the resulting damage to the car’s body. What are my options.

Answer: Before digging into your pocket, check the recall history for your car’s make and model. You may find a recall for wheel related deficiencies –ignored by the car’s former owner. The cost for your repairs may be covered.

Follow these steps:

Search recall history online: With a few clicks on any auto manufacturer’s website, you will find a search screen. Enter your car’s VIN number (found on your car’s registration). Here you will find detailed information about all recalls affecting your vehicle. A Carfax report will also provide recall history.
Call manufacturer: Work out details of your repairs and confirm they are covered under the recall terms.
Visit your dealer’s repair shop, or possibly even a private repair shop.
Don’t forget to ask about temporary transportation. Recall repairs may provide coverage for loaner cars.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Drapery Disaster

1/3/2019

Question: We drove by the home we are buying and were disappointed to see the seller took down the custom window drapes. We love those drapes. Shouldn’t they stay with the house?

Answer: Check your P&S contract to determine if the drapes are included with the sale. Your first page addresses the items included as part of the house being sold. Most contracts use a broad term to identify the inclusions: “fixtures”.   There may be a lengthy list of examples naming usual fixture items – but this list is not exhaustive.

By definition a fixture is an item physically connected to the home. For example, a chandelier is a fixture. However, the chandelier’s light bulbs, are not.

You may unfortunately find the drapery rods must remain as a fixture to the house, but the drapes can likely be removed. Check your contract, though. Custom drapes are often listed as an inclusion. If you don’t find it in the contract consult your realtor or lawyer to plead your case. Your seller may not need them, and may have removed them as a mistaken courtesy.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com.  This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Be A Card Carrying Pet Owner

1/1/2019

As I sit to write this blog, intending to discuss estate planning, I am disrupted. My two wonderful dogs (Bentley & Fancy) won’t let me type, scratching at my hands for attention. So, it hits me: I’ll write about them (sort of).

Recently I met a single woman living with a dog. Nervous about what would happen in a medical emergency, she carried a special information card containing details about her dog. If she is ever hospitalized or unconscious, the info card may alert someone to address the dog’s needs.

The wallet card is provided by an organization named: 2nd Chance 4 Pets. The card contains the number and location of one’s pets, emergency support info, and the name of the pet’s veterinarian. To print a card for your wallet, go to www.2ndchance4pets.org.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Home Sale Deduction Remains In New Tax Law

12/27/2018

Question: With the new tax law, will have to pay capital gains tax when selling my residence?

Answer: Fortunately, for next year’s home sellers, the tax deduction rules did not change in the new tax law. Though, you are justified for stressing.

According to CNN Money, “both the House and Senate bills originally wanted to scale back a tax break for homeowners when they sell their home for a gain”. However, in the late days of congressional conference, it was determined that “taxpayers will still be able to exclude up to $500,000 (or $250,000 for single filers) from capital gains when they sell their primary home, as long as they've lived there for two of the past five years.”

Of course, consult a CPA to get a full breakdown of how the tax bill affects you in 2018.

Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at james@hlawoffice.com or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.

Christmas Banned in Boston

12/25/2018

Massachusetts legal history went through a scrooge like period a few centuries ago. The Massachusetts Travel Journal recently wrote about this dark time in our history:

Outlawing the celebration of Christmas sounds extreme, but it happened here in Massachusetts during the 1600’s. Puritans who immigrated to Massachusetts had several reason for disliking Christmas. It reminded them of the Church of England and the old-world customs, they were trying to escape. Christmas wasn’t considered a wholly religious day because December 25th wasn't widely recognized as Christ’s birth date until several centuries after his death. The holiday celebration mainly included drinking and feasting, things which the Puritans frowned upon.

One such tradition, "wassailing" entailed people of a lower economic class visiting wealthy community members and begging, or demanding, food and drink. If a host refused, they faced the threat of retribution.

As a result, the Massachusetts General Court banned the celebration of Christmas and other such holidays at the same time it banned gambling and other lawless behavior. The ban was revoked in 1681 by an English-appointed governor Sir Edmund Andros, who also revoked a Puritan ban against festivities on Saturday nights.

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