Alexander Tsianatelis will serve as a panelist at the Boston Bar Association program, “Decoding the SNDA and its Importance for Key Stakeholders,” on February 12. The program will examine the role of Subordination, Non-Disturbance and Attornment Agreements (SNDAs) in real estate finance transactions, including how these agreements operate in foreclosure scenarios and affect the rights […]
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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 […]
A selling party owned two adjacent oceanfront homes in a scenic community in Massachusetts. The sellers intended to continue to own and use one of the homes and planned to sell the other. Importantly, the two homes shared a private beach. To preserve the peace and quiet the sellers enjoyed on the shared private beach, […]
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 […]
Jim Rudolph has been named a Massachusetts Go To Construction Lawyer by Massachusetts Lawyers Weekly. The “Go To Lawyer” award recognizes the top construction lawyers across the Commonwealth and highlights lawyers who are experts in their field. Attorneys were nominated by their clients and colleagues for their expertise in construction law, including signature accomplishments, representative […]
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 […]
