Category Archives: Lease

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

Posted on May 20, 2019 by Spencer Holland

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 →

Posted in Contracts, Lease | Tagged appraisal, Contracts, Lease, Supreme Judicial Court | Leave a comment

Bullish on the Boroughs: A Commercial Market Snapshot

Posted on May 22, 2015 by David McCay

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 →

Posted in Construction, Economic Development, Lease, Market Report, Marlborough, Northborough, Southborough, Westborough | Tagged Arlon Brown, David McCay, Market Update, Massachusetts real estate litigator, office vacancy, Parsons Commercial Group, vacancy rate | Leave a comment

Cell Tower Leases: Boon or Bane

Posted on December 19, 2013 by Todd Helwig

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 →

Posted in Contracts, Lease | Leave a comment

Leasing and LEED II: Things a Tenant Should Consider

Posted on July 11, 2013 by Todd Helwig

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 →

Posted in Construction, Contracts, Lease | Tagged Construction, Contracts, Landlord, Lease, LEED, Tenant | Leave a comment

Leasing and LEED: Things a Landlord Should Consider

Posted on May 29, 2013 by Todd Helwig

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 →

Posted in Construction, Contracts, Lease, Uncategorized | Tagged Landlord, Lease, LEED, Tenant | 1 Comment

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

Posted on May 8, 2013 by David McCay

As we reported previously here, the Massachusetts Appeals Court ruled last year in C that, in the absence of specific lease language to the contrary, “the bright-line rule remains that a landlord … Continue reading →

Posted in Contracts, Lease | Tagged , Commercial Lease, David McCay, Hudson River International, Landlord, Massachusetts real estate litigator, Supreme Judicial Court, Tenant | Leave a comment

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

Posted on April 23, 2013 by David McCay

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 →

Posted in Broker Liability, Contracts, Lease | Tagged Contracts, David McCay, DeWolfe, Greater Boston Real Estate Board, Hingham Centre, Massachusetts real estate litigator, Purchase and Sale Agreement, Superior Court, Supreme Judicial Court | Leave a comment

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

Posted on December 13, 2012 by David McCay

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 →

Posted in Construction, Contracts, Lease | Tagged Construction, Contracts, Creative Playthings, Lease, Reiser, statute of limitations, Supreme Judicial Court | Leave a comment

Reports Show Continuing Improvement in Retail, Residential Real Estate

Posted on August 23, 2012 by David McCay

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 →

Posted in Lease, MetroWest | Tagged Boston Business Journal, Jones Lang LaSalle, Lease, MetroWest, National Association of Realtors, Reuters, Worcester Business Journal | 1 Comment

The Case of the Abandoned Lease

Posted on April 26, 2012 by Mirick O'Connell

This gallery contains 1 photo.

An interesting opinion came down from the Massachusetts Appeals Court last month that merits discussion. In ss. App. Ct. 418 (2012), the Court held that the damages owed to a landlord from a … Continue reading →