Purchase and Sale Agreement

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 languageshear negligence? in a commonly-used form purchase and sale agreement that some thought protected the broker from such liability.  We discussed the Appeals Court’s

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).Broker (A0913137).jpg

Before addressing the substance of the decision, it’s interesting