Real Estate Disputes

  • In March of 2017, obtained a defense verdict following trial wherein the plaintiff alleged that the defendant breached an oral contract regarding the removal and replacement of a home heating fuel tank. The plaintiff called seventeen (17) witnesses in his effort to prove his case.   The evidence ultimately showed that the Defendant did not breach the contract and that the Plaintiff was the sole cause of his own damages, as the Plaintiff had the sole responsibility for applying for and securing a permit in order to hire a licensed technician to properly and legally reconnect the tank.  Beardsley v. Wood, Ayer District Court, 1648CV000001 (Cremens, J.)
  • In September of 2016, obtained a judgment for the defendant following a trial where the plaintiff home purchaser claimed that he defendant seller misrepresented the working condition of the boiler in the house. When the plaintiff made an offer to purchase, it was conditioned on having the opportunity for a licensed home inspector to inspect the premises.  Upon inspection, the inspector was not able to run the boiler and the home purchasers requested that the sellers have a heating company maintain the boiler.  The sellers hired a heating company to inspect and clean the boiler.  It turned out that the emergency shut off switch was activated when the home inspector was at the premises.  The heating company cleaned the boiler and it was in working order at the time of the final walk through and before the date of closing.  Jernberg v. Kilmer, Clinton District Court, 1668CV000090.
  • In July of 2016, tried a case in the Land Court regarding a boundary dispute between two residential abutters, pursuant to M.G.L. Ch. 185, § 1 (k) involving the right, title and/or interest in real property and Gen. L. c. 185, §1(o) for trespass. The key witnesses for each party were their respective surveyors, who reached different conclusions regarding the proper boundary lines subject to the deeds.  Jean v. Perez, Land Court, Misc. 15Misc.000112 (Piper, J.)
  • In June of 2016, assisted the Trustee of a real estate trust in selling the real property subject to the trust sold and thereafter dissolving the trust. RE: Winter Street Irrevocable Realty Trust, Norfolk County.
  • In May of 2016, settled a claim on behalf of homeowners in a misrepresentation claim against the prior homeowner regarding a residential property in Stow, MA. The homeowners’ purchased a residential property based on the representations made by the seller in the Seller’s Statement of Property Condition and their home inspector’s report.  Within that Seller’s Statement, the seller averred that there were no water drainage problems; no water in the basement; and no problems with the floor.  The home inspector noted in his report that the majority of the basement slab was not visible due to floor covering so there was no opportunity to fully inspect the basement for water or moisture problems.  Based on this information, the homeowners were led to believe that there were no water problems with the house.  However, the reality is that the premises had a chronic problem with water and mold that was not disclosed.  In their effort to identify the source of the problem, the homeowners discovered evidence of prior efforts to correct and/or hide the problems.  As a result, they had the air vents inspected and tested and learned they contained mold.  Once presented with the evidence, the prior homeowner reluctantly agreed to a reasonable and confidential pre-suit settlement.  Re: Shaw, Middlesex County.
  • In November of 2015, represented a landowner in an equitable claim brought in the Land Court pursuant to M.G.L. Ch. 185, § 1 (k) involving the right, title and/or interest in real property. The claimant landowner asserted a claim of adverse possession.  The claimant landowner and record title holder subsequently settled the issue by agreeing to enter a mutual land use license. Wood v. New England Power Co., Land Court, Docket No. 15MISC000162.
  • In August of 2015, successfully represented a family from Hong Kong in enforcing a purchase and sale agreement. The seller was forced to specifically perform and convey clear title to a residential property located in Lexington, MA.  The seller would not convey clear title at the closing unless the buyers agreed to assume a 20-year solar panel contract.  The buyers had no interest in the solar panels as they planned to tear the house down and rebuild.  The Seller and/or his attorney failed to timely disclose the existence of the solar panel contract and/or ever make the same a contingency of the sale.  As a result, the seller, who unsuccessfully tried to force the buyers into accepting an assignment of the solar panel contract, had to pay the solar panel company an early cancellation and installation removal penalty in excess of $20,000.00 in order to be able to convey clear title.  The Seller also paid the buyer’s legal fees and costs incurred in their efforts to enforce their legal rights when the closing occurred.  Gao, et al. v. Bergmann, Middlesex Superior Court, Civil Action No. 1581CV04845.
  • In March of 2014, successfully defended a family who was wrongfully sued by a real estate broker over a sales commission. The broker alleged that the homeowners owed it a sales commission despite the fact that the homeowners house sold after the broker’s exclusivity period had expired and to a buyer that the broker did not introduce to the homeowner’s property.  In turn, the homeowners counter-sued the real estate broker on the grounds that the broker’s claims were frivolous and brought in violation of Ch. 93A for unfair and deceptive acts against a consumer.  The homeowners were granted summary judgment on the broker’s claim and although the Court entered findings that supported the homeowners’ 93A claim against the broker, it declined to award the homeowners separate 93A damages.  Realty Team, Inc. d/b/a Century 21 Realty Team v. Ewen, Leominster District Court, Docket No. 1261CV000275 (Virzi, J.).
  • In January of 2014, secured a substantial Judgment, which included the recovery of attorney fees, against a seller of a large commercial property for failing to return a purchase deposit to the buyer after it was determined that the seller could not convey clear title. Charlton Management, LLC v. Ara Eresian, Trustee of the Main/Hitchcock Realty Trust, Worcester Superior Court, WOSV2013-01436 (Wrenn, J.).
  • In April of 2011, obtained a Judgment and Order authorizing the foreclosure of a mortgage on an 83-acre parcel of land by entry and sale. Funari v. Cronin, Worcester Superior Court, Worcester Superior Court, WOCV2008-00323 (McCann, J.).  This action stemmed from Funari v. Cronin, Worcester Superior Court, WOCV2004-01949 (Agnes, J.).
  • In January of 2011, successfully obtained a recovery in a legal malpractice action against a residential real estate conveyancing attorney who failed to provide the plaintiff home buyers with a certificate of title and also failed to submit the owner’s title insurance premium to the carrier. The settlement occurred after the defendant was unsuccessful in its effort to obtain summary judgment.  Bhamidipati v. Norton, Barnstable Superior Court, BACV2008-00636 (Muse, J.).
  • Final Judgment entered in November of 2009 following an action that had been tried in 2007 and appealed in 2008 on behalf of a developer for specific performance that arose from a failure to tender performance under a P&S agreement for an 83-acre tract of land. Funari v. Cronin, Worcester Superior Court, WOCV2004-01949 (Agnes, J.); Appeals Court, 2008-P-1980.