Each of our real estate clients face unique issues and challenges depending on what they are looking to achieve – financing a purchase, selling property, leasing retail space, developing a condominium project or building a residential addition – and our experienced team of real estate attorneys guides each client through the process, making sure that their interests are protected. We are experienced and proficient in real estate transactions, real estate disputes, and land use and zoning matters, and represent clients in all areas of real estate law, including the acquisition and disposition of commercial and residential properties, real estate development, financing, construction and design contracts, title review, lease negotiations, condominium matters, and land use planning and permitting. Our experienced real estate team also represents clients in the disputes that often arise during these transactions.

As counsel to property owners, developers, investors, lending institutions, contractors, and landlords and tenants, we provide advice and guidance to clients throughout the entire life cycle of a real estate project or transaction. We regularly handle real estate matters involving:

Highlights of our real estate experience include: 

  • Represented the sellers of a four-acre commercial Cambridge property to facilitate a $43.9 million real estate transaction; the property, known as the Cambridge Distribution Center, was a commercial condominium having 20 unit owners.
  • Represented a developer in a $14,000,000 sale transaction, involving a mixed-use, permitted project in downtown Boston, consisting of approximately 115 residential units, 6,500 sq. ft of retail space, and related garage parking
  • Represented a client in the acquisition and financing of a portfolio of college student housing in Worcester–comprised of twelve multi-family buildings and 100 beds
  • Represented a developer in the acquisition of a $50,000,000 suburban real estate portfolio, including industrial / warehouse space, vacant land and several residential apartment buildings
  • Represented a developer in the creation of a newly-constructed, mixed-use condominium in East Boston, including the sale of 66 residential units and four ground-floor commercial units
  • Represented clients in the acquisition, development, financing, leasing and/or sale of various commercial office and retail buildings
  • Represented developers in the acquisition, development, conversion and sale of a variety of residential and mixed-use condominium projects in Greater Boston


Commercial real estate conflicts and contract disputes can turn into costly and time-consuming problems that take resources away from our clients’ real business interests. We have significant, first-hand knowledge of the many complex issues regarding real estate acquisition and development, from construction and permitting to financing, leasing and environmental issues. We take a preventative approach to real estate litigation and, whenever possible, develop innovative solutions that avoid the time and money required to litigate a case in court. When a dispute reaches litigation, however, we fight vigorously for our clients and seek to resolve matters as efficiently as possible.


Our litigators have successfully handled a wide range of real estate disputes, including:

  • Failure to perform under a purchase and sale agreement
  • Boundary disputes
  • Zoning litigation
  • Appeal of denied zoning petitions
  • Appeal of denied requests for variances and special permits
  • Appearances before conservation commissions
  • Financing disputes between lender and borrower
  • Ownership disputes
  • Landlord-tenant disputes
  • Access disputes relating to easements and right-of-ways
  • Condominium development disputes
  • Adverse possession
  • Easement disputes and drafting

Highlights of our real estate litigation experience include:

  • Won a $300,000 settlement on behalf of a commercial tenant sued by their landlord; when the landlord sued the tenant for vacating the property prior to termination of the lease, the client counterclaimed based on the illegality of that lease, leading to a quick and favorable settlement
  • Defended the purchaser of a “man camp” in an arbitration of claims brought by the seller; the arbitrator’s award granted the Client purchaser $1.1 million in its claims arising out of defects in construction, an amount far in excess of the original claims brought by the seller
  • Represented Ingaldsby Farm in Boxford against an angry neighbor, allowing the family-run farm and farm stand to remain open and in business
  • Resolved a dispute on behalf of homeowners whose home and property were damaged when their heating system was improperly repaired, by negotiating a payment of $350,000 to the homeowners and $140,000 in environmental remediation
  • Obtained summary judgment on behalf of a Back-Bay condominium owner who was improperly assessed a portion of a condominium’s special assessment to rebuild its parking garage; on appeal by the condominium, represented the client before the Massachusetts Court of Appeals, which affirmed the judgment in favor of the owner
  • Assisted in the judicial appeal of the City of Boston Zoning Board of Appeal’s denial of a conditional use permit for a real estate development and obtained a court order overruling the ZBA’s decision and ordering the conditional use permit and building permit for the project to be issued immediately with no conditions
  • Successfully represented a large national bank in opposition to an emergency motion for a temporary restraining order filed in the eleventh-hour as an attempt to prevent foreclosure of a commercial property
  • Obtained a Memorandum of Lis Pendens on behalf of a property buyer, preventing the seller from transferring the property to a third-party for a higher price, and ultimately assisting the client buyer in consummating its purchase of the property
  • Representing various partners and members in connection with real estate partnership disputes and so-called “business divorces”
  • Represented multiple owners, contractors and material suppliers in matters involving liens asserted pursuant to the Massachusetts Mechanics Lien Law, recovering millions of dollars on their behalf
  • Represented a landlord in a matter involving claims of violations of the Massachusetts Security Deposit Law and a U.S. Department of Housing Section 8 Tenant-Based Housing Assistance Payments Contract

To speak with one of our Boston real estate attorneys call Managing Partner Jim Rudolph or real estate partner Bob Shaer at 617.723.7700 or contact us online.

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