In the dynamic world of real estate transactions, exclusivity agreements play a pivotal role in securing deals and protecting the interests of brokers and their clients. These agreements, often entered into between a broker and a prospective buyer or seller, grant exclusive rights to the broker to represent the client in a specific transaction or […]
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Many real estate purchase and sale agreements contain a specific deadline by which the parties must perform and a clause stating that “time is of the essence.” This clause makes the deadline a condition subsequent, and if the deadline is not met or waived, then the parties’ obligations to each other are extinguished. Although “time […]
On October 31, 2023, a federal civil jury found that the National Association of Realtors (NAR) has conspired to inflate commissions paid to homebuyers’ real estate agents. It determined that the NAR and its co-defendants (some of the largest real estate companies in the country) owed almost $1.8 billion in damages to the plaintiffs (a […]
By Annabelle Hentz, Law Clerk The Supreme Judicial Court of Massachusetts recently upheld a Superior Court’s ruling that rent acceleration clauses are enforceable by commercial landlords against defaulting commercial tenants. Rent acceleration clauses allow for unpaid rent to constitute liquidated damages when a tenant defaults—regardless of the amount of unpaid lapsed time. Case Background Recently, […]
In Massachusetts when a buyer finds property to purchase, the first step in the process is to make an offer that the seller will accept. The buyer binds his offer with a small deposit until a more formal Purchase & Sale Agreement (“P&S”) is executed and additional deposit funds are delivered. The offer generally outlines […]
Massachusetts Lawyers Weekly featured Bobby Rudolph in its August 14, 2023, issue in “Land Court judge rescues sale of property from improperly filed lis pendens.” The article highlights a case Bobby recently handled, Sharari v. Laura Road Holdings, which involved the sale of a residential property at 20 Laura Road in Newton, MA. The plaintiff […]
Most astute entrepreneurs will avoid running a business as a sole proprietor or as part of a partnership and opt to limit their personal liability by forming a separate entity to operate the business. A corporation or a limited liability company (“LLC”) is often the best vehicle to shield the business owner’s personal assets from […]
The short-term rental sector continues to gain momentum among investors as it disrupts traditional real estate investments thanks to the rise in remote work around the country. Accommodation-sharing platforms report that interest in owning short-term rentals or becoming hosts on marketplace platforms is at an all-time high. Whether you’re leasing a spare room or an […]
According to Massachusetts case law, an order directing specific performance of a contract to sell real property is appropriate where one party to that contract, either a buyer or seller, has shown: there is a binding contract to sell property; the agreed time for performance has arrived; and the party seeking performance has performed, or […]
The Massachusetts Supreme Judicial Court (the “SJC” or the ‘Court”) recently issued a noteworthy decision in a case involving the rights of joint tenants and their heirs when one joint tenant passes away during a partition proceeding. The case of Brattle v. Howard arose out of a petition to partition filed in the Massachusetts Land […]
