Real Estate Law

06.10.2024 | Client Alerts | In The News

Residential Landlords: Rent Price-Fixing Investigation

The Department of Justice (DOJ) opened a criminal probe into rent price-fixing allegations among large residential property owners and management firms. The FBI recently raided a corporate landlord as part of the DOJ investigation into RealPage, a leading property pricing software developer. This move marks a significant escalation from the… Read More

09.26.2023 | Client Alerts | In The News

Client Alert: Cummings Properties, LLC v. Hines

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

08.21.2023 | Client Alerts | In The News

Presenting Letters of Credit — Copies Don’t Cut It (for the Beneficiary)

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

04.21.2023 | In The News | Publications

Clean up (your lab) in a down economy

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

03.14.2023 | Events/Webinars

Understanding and Negotiating Builders’ Limited Warranties

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

03.01.2023 | Client Alerts | In The News

David Blumberg Elevated to Firm Partner

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

10.31.2022 | Podcasts

FORE!

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

09.01.2022 | Publications

Buyer Beware: The Return of Caveat Emptor

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 MORE

08.02.2022 | Client Alerts

Mayor Michelle Wu’s Task Force Weighs Reintroduction of Rent Stabilization/Rent Control

Mayor 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

02.07.2022 | Client Alerts | In The News

SJC Affirms Multi-Million Dollar Verdict Against Unscrupulous Commercial Landlord

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