Commercial landlords are breathing a collective sigh of relief following yesterday’s release of Cummings Properties, LLC v. Hines, a major decision from the Massachusetts Supreme Judicial Court (SJC) on the validity of acceleration clauses in commercial leases. Acceleration clauses are a form of liquidated damages in which a defaulting tenant… Read More
Landlords and other holders of standby letters of credit will be surprised to learn about Friday’s important Massachusetts Appeals Court opinion, Proquip Limited vs. Northmark Bank. The holder (known as the beneficiary) has access to cash up to the full amount of the letter of credit by “drawing down” on… Read More
This article appeared in the New England Real Estate Journal on April 21, 2023. With rising interest rates, inflation and escalating concerns about raising and borrowing funds, these are challenging times for life science tenants and their landlords. However, even in this environment, the decommissioning of lab space and securing… Read More
Please join REBA’s Residential Conveyancing Section for a webinar at 12 noon on Tuesday, March 21st. Robert W. Stetson III of Bernkopf will present. As buyer’s counsel, we are frequently asked to review and negotiate builders’ warranties as part of a P&S, or we are told that the… Read More
Bernkopf is pleased to announce that David Blumberg has been elevated to firm partner. Blumberg joined Bernkopf in 2021 following a successful sixteen-year career as a senior business manager and in-house counsel at Cummings Properties. He handled and oversaw the legal staff for leasing, operational, and transactional matters. Cummings Properties… Read More
Legal Judg(e)ments Podcast, Season 2, Episode 2 Bob and Robert Galvin discuss Tenczar v. Indian Pond Country Club, Inc. and what happens when a home ostensibly becomes a part of a golf course. … Read More
Sullivan v. Five Acres Realty Trust, 487 Mass. 64 (2020) The ancient maxim of caveat emptor means “let the buyer beware.” 1 Under this well-known legal doctrine, a seller is not liable to a buyer for defects in a property in the absence of an express warranty or fraud.2 Courts…
READ MOREMayor Michelle Wu announced, in March, that she was organizing a Rent Stabilization Advisory Committee to explore ways the City could implement rent control to address rising rents. The Committee is made up of affordable housing advocates, housing experts and… Read More
In H1 Lincoln, Inc. v. South Washington Street, LLC, et al. (Lincoln), the Massachusetts Supreme Judicial Court (SJC) affirmed a multi-million dollar verdict against a landlord for bad faith business practices against its tenant on the “Auto Road” in North Attleborough. The SJC grounded its decision on the landlord’s commercially extortionate… Read More
Legal Judg(e)ments Podcast, Season 1, Episode 2 Bob talks with the author of a popular legal treatise, Jordan Shapiro, about his case Haddad v. Haddad and how the trusts and estates bar can virtually eliminate will contests by using modern technology. As a bonus, Jordan also discusses an important homestead law development. Read More