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 […]
Is a Written Offer to Purchase Real Estate Enforceable?
Massachusetts courts have routinely held over the last 20 years that a fully executed and accepted offer to purchase (OTP) real estate is a binding and enforceable agreement if it contains the essential material terms of the deal, which are, generally: a description of the property being sold, the purchase price, a deposit, an agreed […]
As a Plaintiff in a Civil Action, am I Entitled to Prejudgment Interest if I Win?
By statute, the clerk in any case is required to add interest to any judgment or verdict issued by a Massachusetts state court. For contract actions (G.L. c. 231, §6C), the rate of interest is either the interest rate in the contract or, if the contract does not have one (or the contract is oral), […]
What do I do if my Insurance Company offers less than I lost?
A common experience for policyholders seeking coverage for their losses, whether you’re a homeowner who has suffered a fire loss or a business looking for commercial property coverage, is for the insurance company to offer you much less than you believe you have lost. In Massachusetts, every policy that includes fire insurance coverage (i.e., pretty […]
Can I Sue my University for Violating Chapter 93A?
Q: I’m a college student, and I believe my university has engaged in unfair and deceptive conduct in its relationship with me and other students. Can I bring a lawsuit for violation of Chapter 93A? A: Generally, the answer is no. For the Massachusetts consumer protection law (referred to as Chapter 93A) to […]
Do I Have to Pay My Contractor’s Sub?
During the course of a construction project, you learn that a subcontractor has filed a mechanic’s lien on your property. Now what? Are you responsible for paying your contractor’s sub-contractor? As the property owner, you have several options available to you, including putting pressure on the general contractor to pay the claim, obtaining a lien […]
My neighbor’s tree is damaging my property. What are my rights?
In Massachusetts, the longstanding rule (known as the “Massachusetts Rule”) is that “an individual whose property is damaged by a neighbor’s healthy tree has no cause of action against a landowner of the property upon which the tree lies.” Shiel v. Rowell, 480 Mass. 106, 112 (2018). What does this mean for property owners? Falling […]
Rights of an Owner to Inspect Company Records
In many disputes among owners of a company, the majority owners deprive the minority access to business records. What rights does an owner have to these records? The answer is not so simple and may vary by the type of entity. For corporations, the governing statute is G.L. c, 156D, §§ 16.01, 16.02 and 16.20. […]
