Articles/Publications

Selecting the Right Home Improvement Contractor in Massachusetts

Selecting a contractor for a home improvement project is both exciting and fraught with peril. The right one can deliver your dream home, and the wrong one can make your living space a nightmare for an extended period of time.  Fortunately, Massachusetts maintains strong consumer protections against the latter in M.G.L. c. 142A, the Home […]...

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Airbnb Tax Dropped from Budget after House Negotiations

This post updates our previous post regarding proposed taxation of revenue generated by Airbnb rentals.  Despite prior consideration of an Airbnb tax as early as July 2017, the proposal was dropped from the fiscal year 2018 budget proposal. Earlier this year, the state Senate pushed to apply Massachusetts’ state hotel tax, and local levies, on […]...

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Jury Awards $1,000,000 For Business Defamation Claim

     In a recent decision in Dallas, Texas District Court, a jury awarded $1,000,000 in damages to a wedding photographer due to defamatory statements published in the media, and in particular on internet sites and social media.      Every business owner fears the damage that negative comments made online can do to their reputation. […]...

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Online Business Defamation and Public Forum Websites

            All publicity is good publicity — or so the saying goes.  Nevertheless, it’s safe to assume that businesses saddled with false and misleading reviews on public forum websites, such as Google, Yelp, Angie’s List and other rating websites, would strongly disagree.            People leave reviews on such sites for many reasons: to reward good service, […]...

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Massachusetts Proceeds with Proposal to Impose Tax on Short-Term Rentals like Airbnb

As discussed in one of our previous posts , Massachusetts legislators have continued to discuss imposing a tax on short-term rental companies like Airbnb. Recently, the Massachusetts Senate decided to proceed with Governor Charlie Baker’s proposal to expand the room occupancy tax to include short-term rentals, but not without a few modifications. Back in January, Governor […]...

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New Hampshire Supreme Court Denies Consumer Protection Act Claim in Real Estate Transaction Gone Bad

     In the recent case of Fat Bullies Farm, LLC, v. Lori Devenport et al., the New Hampshire Supreme Court had occasion to consider whether a series of less than truthful representations made by a prospective purchaser in the course of negotiating a real estate transaction gave rise to liability under NH RSA 358-A, […]...

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Property Owners and Landlords Beware: New Ruling Clarifies Restriction on Claims to Remove Holdover Owners and Tenants After Foreclosure

Every eviction action centers on one or both of the following issues: which party is entitled to possession and what amount of damages are appropriate. Recently, the Massachusetts Appeals Court faced a unique set of facts with regard to the right of possession in Fed. Nat. Mortgage Ass’n v. Heather Gordon, et al., 2015-P-0441, and […]...

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Want Out? Prove It: Enforcing Termination Options in Massachusetts Commercial Leases

A recent Massachusetts Appeals Court decision made clear that the burden of proof relative to the operation of lease option clauses falls on the party seeking to exercise the option regardless of which party moves to enforce their rights pursuant to the lease. In Patriot Power, LLC v. New Rounder, LLC, et al. (2016), a […]...

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Massachusetts Commercial Lease: Maintaining and Repairing Equipment

It often comes as a surprise to commercial tenants that they are responsible for repairing and maintaining most of the equipment in their commercial space.  This can prove both frustrating and expensive when an outdated air conditioner breaks in the middle of summer.  To avoid these frustrations, tenants should (1) review the specific requirements in […]...

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Purchasing At Foreclosure? Foreclosed owners may remain in possession longer under new Housing Court ruling

By Jennifer Lynn, Esq.,     The required timeline for notice of eviction to holdover former homeowners was recently altered by the Southeastern Division of the Massachusetts Housing Court in Lenders Comm. Finance LLC v. Pestilli, et al., docket no. 16H83SP03779BR.  After obtaining title, Lenders Commercial Finance brought a summary process action against the former-mortgagor who […]...

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