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. […]
SJC Rules Attorneys Departing Firm Violated Unfair and Deceptive Trade Practices Law
The SJC issued its ruling in a closely watched case involving a group of attorneys who copied files from the firm’s proprietary database and, when the owner of the firm rejected their buyout offer, resigned and used the database in their own newly formed firm. The jury returned a verdict of $900,000 in the plaintiff’s […]
SJC to Address Chapter 93A Liability in Employment Case Involving Unfair Business Practices
The SJC will hear oral argument on January 6 in a case that bears watching, as it may clarify, and potentially expand, the reach of Chapter 93A to disputes arising out of the employment context. The case, Governo Law Firm v. Bergeron, will address the applicability of Chapter 93A, which entitles the prevailing plaintiff to […]
Covid-19 Coronavirus: Can You Claim Business Income Loss Under Your Insurance Policy?
Is your business suffering due to the Covid-19 Coronavirus Pandemic? Request your free insurance coverage review for losses due to the coronavirus pandemic. On March 23, 2020, Massachusetts Governor Charlie Baker ordered all non-essential businesses in the Commonwealth to close their physical offices and imposed other limitations on businesses deemed essential, such as restaurants, which […]
