Can I Be Sued Because I Sued Them?
A common reaction for someone who feels he or she has been sued wrongfully is to want to countersue to recover the attorneys’ fees spent defending the matter. The defendant believes they can sue the plaintiff for suing them first. Doing so, however, could just lead to the defendant having to pay the plaintiff’s attorneys […]
I Just Received a Subpoena for a Case I’m not a Party to. What do I do now?
Receiving a subpoena for a lawsuit that you are not involved with might seem unpleasant or even burdensome. There are certain steps you can take, however, to help protect your rights and ensure that responding to a subpoena goes smoothly. The first question you may have when receiving a subpoena is: do I need a […]
I have a Signed Purchase and Sale Agreement for my Dream House and the Seller is Refusing to Close – What are my Rights?
You found your dream home, the seller accepted your offer and both parties executed a Purchase and Sale Agreement (“P&S”) with no contingencies for the seller – what could possibly go wrong? Unfortunately, all too often sellers will refuse to close on the property (reasons include the seller wanting more money in a hot real […]
When do Parties to Litigation have an Enforceable Settlement Agreement?
Nearly all disputes settle prior to a judge or jury deciding the case. In a perfect world, the parties reach an understanding on the important terms through email, telephone, and/or in-person negotiations, and then memorialize the agreement in a formal document prepared by counsel and signed by all the parties. Sometimes, however, complications arise during […]
Q: I want to bring a claim against someone for engaging in unfair and deceptive trade practices under Chapter 93A. Do I need to send a demand letter first, and, if so, what should it say?
A: If you are an individual consumer who wants to bring a Chapter 93A claim (known as a § 9 claim), you must first send the prospective defendant a demand letter. If you are a businessperson engaged in trade or commerce seeking to sue someone else acting in trade or commerce, you do not have […]
What is Adverse Possession and How Could it Impact your Property?
Adverse possession is a principle of law that allows for a party to claim title to land that is owned by someone else by physically possessing the land for an extended period of time so long as certain requirements are met. Proving Adverse Possession To prevail on a claim for adverse possession in Massachusetts, the […]
Condo Insurance 101
Condominium insurance is a widespread source of confusion and dispute. If you are a condominium owner, it is important to understand what is covered by your association’s “master policy” and what gaps in coverage you need to insure. Not all master policies are alike. As a general matter, the master policy covers the building of […]
What is a Contract “Under Seal” and Why is it Significant?
The concept of a contract under seal dates back to English medieval times, when most adults were illiterate and could not sign their own name. Each party impressed on the physical document a wax seal or other mark bearing his or her individual sign of identification. Over time, the rules were relaxed, such that now […]
Q: I am a consumer looking to bring a claim for unfair and deceptive practices against a company, but I signed a release saying I wouldn’t bring such a claim. Am I out of luck?
A: You are not out of luck. If you are an individual consumer who has been wronged by a company that has behaved unfairly and deceptively, you may bring a claim under the Massachusetts consumer protection statute, G.L. c. 93A, even if you signed an agreement stating that you waived your right to bring such […]
Is My Residential Contractor a “Residential Contractor”?
Massachusetts regulates the practice of “residential contracting” under the Home Improvement Contractor Act, G.L. c. 142A. There are licensing and contracting requirements as well as significant penalties for residential contractors who engage in certain prohibited acts, such as abandoning the project, deviating from plans and specifications without the owner’s consent, or violating any state or […]
