Law Offices of Richard Mucci
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January 2013 Archives

Brokers May Be Liable For Misrepresentations Even Though Purchase and Sale Agreement Limits Liability

Brokers and sellers of property need to be cautious of what they put in writing to advertise a property for sale. The Massachusetts Appeals Court in DeWolfe v. Hingham Centre Ltd. ruled that a jury should decide whether a commercial real estate broker misled a man into buying property he had hoped to ultimately convert into a hair salon.

Specially Fabricated Goods: The Fabricator's Rights to Lien

Recently, we have seen an increase in the number of purchasers of specially fabricated goods after the goods have been fabricated refuse delivery of the order and/or abscond without paying leaving many fabricators of these specialized goods wondering what their rights and remedies for security and to seek payment under the law especially if these goods are never incorporated into the construction project. 

Landlords Beware: Court Expands Massachusetts Building Code Strict Liability Standard to Mixed Used Residential/Commercial Buildings

1328867_for_rent_sign_2.jpgLandlords beware a Housing Court Judge has ruled that an owner of a mixed used residential/commercial building is "strictly liable" for a drunk tenant's fall through a defective porch guardrail. The decision in Sheehan v. Weaver makes a landlord liable for the injuries of the tenants where there is a building code violation, regardless of whether the tenant was comparatively at fault as in the Sheehan case. 

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