Real Estate

Ask Toni & Maria – Real Estate Column #7

“Ask Toni & Maria” is a real estate column written by Toni Gilardi and Maria DiTullio from Elite Boston Landmark Realty. Have them answer your questions in an upcoming column by emailing

1. Hi Toni and Maria,

I received an offer to purchase on my condominium in the North End. I am having a change of heart and would like to stay in my home.  Do I have to accept the offer? I am still in a contract with the real estate agent.

Thanks, Peter

Peter, do not stress out. If you have not signed the offer call your broker and tell him you had a change of heart.  As far as your contract with the broker I am sure you can work something out with your Agent. Good Luck.

2. Toni and Maria,

I am buying a condo in Boston. My attorney called to tell me there is a cloud on the title and we have to extend the closing for 30 days to clear it up. I do not have a place to live for the next 30 days. Do I have to give this extension?


Diana, a standard P&S usually has a built in 30 day extension to allow time to clear any title issues. If this is the case you have to grant the extension.

You have a few options; A) you can go into a temporary furnished rental. B)  If the property that you are purchasing is vacant you can ask for a “use and occupancy”  for 30 days. C) Hopefully you have a good friend with a comfortable couch.

3. Hi Toni and Maria,

Please help me…I am a smoker and my lease does not restrict smoking in the building or my unit. However, I was contacted by the owner who said the other tenants were complaining about the smell of smoke and one of the tenants has respiratory problems. Do I have to stop smoking in my unit?



Hello Eileen, If you signed a standard lease agreement you will have to stop smoking in your unit/building.  There is a  “disturbance, illegal use clause”.  This clause allows for the comfortable and quiet enjoyment of the other people living in the property.

Don’t be shy…We would love to hear from you! Send in your real estate questions to: And don’t forget to check out our website at or call 617-227-1000 or 617 523-5400.