Category Archives: Lease

Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise

When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, … Continue reading

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Bullish on the Boroughs: A Commercial Market Snapshot

Guest Post by Arlon Brown of the Parsons Commercial Group, Framingham, Mass. The commercial office market in the Boroughs (Marlborough, Northborough, Southborough and Westborough) is improving with declining vacancies and rising rental rates. This can be attributed to an expanding … Continue reading

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Cell Tower Leases: Boon or Bane

Although many people object to the way cell towers look in the landscape, a cell tower lease can provide a welcome source of additional revenue for the landowner.  Most cell towers exist by virtue of a lease between the landowner … Continue reading

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Leasing and LEED II: Things a Tenant Should Consider

In my last blog post, I outlined key issues that a landlord should consider when negotiating a lease with a perspective tenant in a LEED-certified building.  In this post, I want to review the same issue but from the tenant’s … Continue reading

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Leasing and LEED: Things a Landlord Should Consider

As area businesses seek to “go green,” we are seeing an increasing interest in LEED (Leadership in Energy and Environmental Design) certified buildings.  This raises important leasing issues for both landlords and tenants.  In this post, I’ll outline the key … Continue reading

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Commercial Landlord Must Wait Until End of Lease to Recover from Defaulting Tenant Says Supreme Judicial Court

As we reported previously here, the Massachusetts Appeals Court ruled last year in 275 Washington Street Corp. v. Hudson River International, LLC that, in the absence of specific lease language to the contrary, “the bright-line rule remains that a landlord … Continue reading

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Brokers Beware: SJC Issues Ruling in Closely-Followed DeWolfe v. Hingham Centre Case

The Supreme Judicial Court’s (SJC) recent ruling in DeWolfe v. Hingham Centre, Ltd., is a warning to Massachusetts real estate brokers:  What you say can and will be used against you in a court of law.  The case is also … Continue reading

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SJC: Contracts Can Shorten Statute of Limitations Period, Unless…

Despite the fairly straightforward nature of the issue, before the recent case of Creative Playthings Franchising, Corp. v. James A. Reiser, Jr., the Massachusetts Supreme Judicial Court (SJC) had not categorically ruled whether parties to a contract could agree to … Continue reading

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Reports Show Continuing Improvement in Retail, Residential Real Estate

Citing a report from Jones Lang LaSalle, the Boston Business Journal reports that the retail real estate sector continues to stabilize.  Although rents nationally continued to decline by 1.7 percent, this was an improvement of .5 percent in the second … Continue reading

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The Case of the Abandoned Lease

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An interesting opinion came down from the Massachusetts Appeals Court last month that merits discussion.  In 275 Washington Street Corp. v. Hudson River Int’l, LLC, 81 Mass. App. Ct. 418 (2012), the Court held that the damages owed to a landlord from a … Continue reading

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