Most astute entrepreneurs will avoid running a business as a sole proprietor or as part of a partnership and opt to limit their personal liability by forming a separate entity to operate the business. A corporation or a limited liability company (“LLC”) is often the best vehicle to shield the business owner’s personal assets from […]
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The short-term rental sector continues to gain momentum among investors as it disrupts traditional real estate investments thanks to the rise in remote work around the country. Accommodation-sharing platforms report that interest in owning short-term rentals or becoming hosts on marketplace platforms is at an all-time high. Whether you’re leasing a spare room or an […]
According to Massachusetts case law, an order directing specific performance of a contract to sell real property is appropriate where one party to that contract, either a buyer or seller, has shown: there is a binding contract to sell property; the agreed time for performance has arrived; and the party seeking performance has performed, or […]
The Massachusetts Supreme Judicial Court (the “SJC” or the ‘Court”) recently issued a noteworthy decision in a case involving the rights of joint tenants and their heirs when one joint tenant passes away during a partition proceeding. The case of Brattle v. Howard arose out of a petition to partition filed in the Massachusetts Land […]
Bobby Rudolph recently represented a real estate developer in a civil lawsuit against its former project manager who was accused of stealing nearly $400,000 from his employer by paying fake subcontractor accounts on projects and then converting the funds into his personal bank account. Within days of discovering the theft by the employee, Bobby filed […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
The Massachusetts Supreme Judicial Court recently issued a noteworthy opinion regarding a property owners’ responsibility to remedy violations of the Wetlands Protection Act (the “Act”). The Court held that a local conservation commission may bring an enforcement action against a new property owner for up to three years following the property owners’ date of acquisition—even […]
Rudolph Friedmann is pleased to announce the addition of associate Brian Lynch. Brian helps entrepreneurs and business owners grow their vision from the ground up. He provides legal guidance on entity formation, corporate governance, contract drafting and negotiations, business sales and acquisitions, and general commercial transactions. Brian has advised corporations, limited liability companies and non-profit […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
Given the effects of Covid-19, the commercial real estate market has been interesting for commercial landlords and tenants alike. Landlords and tenants are both trying to evaluate the immediate and long-term future of their leased premises. Many landlords and tenants are taking advantage of the current market in an effort to better their long-term positions […]
