Selling a home—especially when preparing to move out of state—can be extremely stressful and requires trust and coordination among multiple parties and institutions. Before accepting an offer and signing a purchase and sale agreement, sellers often require a prospective buyer to provide a mortgage pre-approval letter from a reputable lender or bank. But what liability, […]
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A major Massachusetts business litigation case now before the appellate courts could reshape the boundaries between what is constitutionally protected petitioning activity and tort liability for abusive litigation tactics. The case name, 477 Harrison Ave., LLC v. JACE Boston, LLC, comes from a long-running redevelopment dispute in Boston’s South End neighborhood and presents significant questions […]
A recent Superior Court case, 477 Harrison Ave, LLC v. Jace Boston, LLC et al should put any party defending against an abuse of process claim on notice. In that case, the Court held that where a jury found the defendants liable for $5,801,500 for abuse of process, the damages should be doubled under G.L. […]
It is often said that being a residential landlord in Massachusetts is difficult. There is a perception that statutory rules favor tenants, particularly with respect to the handling of security deposit funds. Mass. Gen. L. c. 186, §15B outlines the landlord’s responsibility with respect to security deposits. For example, a landlord may only retain a […]
Defamation is a legal concept designed to protect individuals and organizations from false statements that harm reputations. It generally refers to presenting false information as fact—whether spoken (slander) or written (libel)—that causes reputational damage. Importantly, defamation law is not meant to silence opinions or honest reporting, but to address demonstrably false claims presented as truth. […]
Homestead protection shields a primary residence by requiring certain creditors to wait for the payment of their debts, after taxes and mortgages are satisfied, and after receipt of the equity in a home up to the homestead exemption amount. Note that the new legislation does not impact the automatic homestead exemption; and if one does […]
EMRG LLC, the owner of a property in Scituate, Massachusetts, filed a complaint containing counts of Try Title and Trespass against its next-door neighbor, Ms. Monteiro-Maraj, after she informed the principal of EMRG LLC that she considered a portion of his property (the “Disputed Area”) to be her property. The case was decided on November […]
The distinctions between a statute of limitation and a statute of repose are both technical and significant. Under a statute of limitations, for instance, a plaintiff must bring a claim within a specified time from the date the claim arises, typically the date of injury. Under a statute of repose, on the other hand, a […]
There is a concept in the law known as waiver, which means that failing to exercise your rights may result in their loss. Similarly, people who share an ownership interest in land may lose that interest by failing to act like an owner. The applicable scenario is as follows: A person obtains ownership interest with […]
As drones become more common for recreation, photography, and business, many people don’t realize they’re subject to federal registration laws—and that failing to comply can lead to serious penalties. Under federal law, anyone who owns a drone weighing more than 0.55 pounds (about 8.8 ounces) must register it with the Federal Aviation Administration (FAA) before […]
