Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: purchase and sale agreement

Tenant Required to Prove that It Terminated Lease

Posted in Landlord-Tenant
Earlier this week the Appeals Court decided that a tenant has the burden of proving that it properly exercised its option to terminate a written lease.  The commercial lease in Patriot Power, LLC v. New Rounder, LLC,  provided that it would renew automatically each  year unless one of the parties timely notified the other that it wished… Continue Reading

SJC Decision May Result In Haircut For Broker Who Misrepresented Zoning to Salon Owner

Posted in Miscellaneous, Purchase and Sale Agreement, Zoning
The Supreme Judicial Court (SJC) yesterday issued its decision in the closely-watched case of DeWolfe v. Hingham Centre, Ltd.  The SJC has concluded that a broker can be liable for a written misrepresentation regarding zoning, despite language in a commonly-used form purchase and sale agreement that some thought protected the broker from such liability.  We discussed the Appeals Court’s 2011 decision… Continue Reading

Brokers Beware!

Posted in Purchase and Sale Agreement
In a setback for real estate brokers – and for the form agreement that they and many real estate lawyers use – the Appeals Court ruled last month that a broker could be held liable for a written misrepresentation regarding zoning.  The case is DeWolfe v. Hingham Centre, Ltd. (pdf). Before addressing the substance of the decision, it’s interesting that… Continue Reading