By Robert P. Rudolph, Esq. A Massachusetts court recently held that a broker was entitled to her broker’s fee despite the fact that no lease was consummated. In Ria K, McNamara. Inc. v. Forecast Shrewsbury Ltd. P’ship. 31 Mass.L.Rptr. 366 (Mass. Super. July 17, 2013), the Plaintiff Ria K. McNamara (“McNamara”) filed suit for payment […]
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By Jocelyn Campbell, Esq. For those who own condominiums in Massachusetts and are fortunate enough to also have a balcony, this article is for you. Recently, the Massachusetts Appeals court decided Sano v. Tedesco, No. 12-P-746, August 28, 2013, a case where homeowners (non-balcony unit owners) brought suit against their condo association in an attempt […]
Not everyone can challenge the granting of zoning relief. Under the Zoning Act, MGL Chapter 40A, only a “ person aggrieved” by a zoning decision may appeal for judicial review of that decision. See MGL ch. 40A, §17. Such person who suffers some infringement of legal rights is said to have “ standing,” that is, […]
It has long been the law in Massachusetts that a corporation (or even an individual) can, under certain circumstances, be held liable for the debt of another corporation. This is commonly known as “piercing of the corporate veil.”
In the aftermath of the 2008 recession, the bursting of the housing bubble, and the decline in the value of real estate, governments have taken various steps to assist and support homeowners in keeping their homes. In early 2009, under the authority of the Financial Stability Act of 2009, the U.S. Department of the Treasury […]
By James L. Rudolph, Esq. In general, the courts in Massachusetts enforce valid no damage for delay clauses in contracts. However, in rare instances in Massachusetts the courts recognize three exceptions in which a valid no damage for delay clause may be set aside: (1) where a defendant’s acts are arbitrary or capricious; (2) where […]
