A group of Alabama and Georgia realtors have asked the U.S. Supreme Court for emergency relief in their lawsuit now pending on appeal before the U.S. Court of Appeals for District of Columbia Circuit. The realtors sued the U.S. government, challenging the legality of...
Real Estate Law
Seeking Specific Performance of a P&S Agreement When the Seller Failed to Show Up at Closing
A real estate sales contract must comply with the Statute of Frauds, meaning that it must be in writing, contain a description of the property and the agreed-upon price. Further, the parties must intend to be bound by the contract. Unless the seller has a legal...
Are you a Borrower under RESPA if you are on the Mortgage but not the Note?
In Pittner v. Castle Peak 2012-1 Loan Trust (Memo & Order April 14, 2021), the United States District Court for the District of Massachusetts awarded summary judgment to Defendants, Castle Peak 2012-1 Loan Trust and Selene Finance LP, on Plaintiff’s claims of...
Superior Court Sheds Light on the Application of Frustration of Purpose Doctrine During the COVID-19 Pandemic
In the recent case of UNMV 205-207 Newbury, LLC v. Caffé Nero Americas, Inc., the Suffolk County Superior Court weighed in on the applicability of the frustration of purpose doctrine in connection with a commercial lease. In this specific case, the tenant ("Caffé...
SJC Rules that Statute of Limitations in Condo Construction Defect Claims are Specific to Each Building in a Multi-Building Development, Not the Entire Development
In a win for developers, Supreme Judicial Court says six-year clock for design and construction defect claims runs separately for each building within condominium development. On November 3, the Supreme Judicial Court (SJC) made it harder for condominium owners to...
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