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 MOREBy Peter McGlynn Massachusetts General Laws c. 260, § 2B established a statute of repose (“Statute of Repose”) for tort claims arising out of the defective design and construction of real property and bars recovery for an injury occurring more than six years after the earlier of (1) the opening… Read More
The Massachusetts Supreme Judicial Court (SJC) handed down a decision Sept. 16 confirming that judges hearing summary process eviction cases have the legal and equitable authority to require tenants to make interim use and occupancy payments to landlords while the cases are pending. The SJC’s decision in Davis v. Read More
The First Circuit recently shook up the foreclosure industry with its decision in Thompson v. JPMorgan Chase Bank, N.A., 915 F.3d 801 (1st Cir. 2019), wherein the panel concluded that Chase, the holder of a mortgage on the Thompsons’ house, could not properly foreclose because the foreclosure notice advised the… Read More
SJC rejects expansion of ‘in for one, in for all’ rule… Read More
Door opened for SJC to review sidewalk liability Appeals Court judge: common-law standard may be antiquated By: Kris Olson November 23, 2016 The case involved the control and maintenance of a sidewalk area outside Boston’s John Hancock Tower and a neighboring parking garage. Read More