Who I represent: property owners, buyers, sellers, co-owners and heirs, private lenders, developers and landlords. I do not represent tenants in any matter, residential or commercial.
Purchase and sale disputes
Most real estate deals run on a standard-form offer and purchase and sale agreement. When a deal falls apart, the fight is usually about who walked away, whether a contingency was properly invoked, and what happens to the deposit.
- Deposit disputes. When a buyer defaults, the seller is often entitled to keep the deposit as liquidated damages. When the seller defaults or the buyer properly terminated, the buyer is entitled to it back. Brokers and closing attorneys who hold deposits in escrow will usually release them only on agreement of both sides or a court order.
- Specific performance. Because every parcel is considered unique, a buyer whose seller backs out can ask the court to order the sale to go forward. These cases move quickly, and a memorandum of lis pendens recorded at the start can keep the seller from selling to someone else while the case is pending.
- Misrepresentation and nondisclosure. Claims against sellers or brokers who misstated the property's condition, square footage, zoning or permitted use.
Disputes between co-owners
When people who own property together can't agree on whether to sell, and siblings who inherited a house are the classic case, any co-owner can ask the court to partition the property under G.L. c. 241. The court can divide it physically, though that's rare, or order it sold and the proceeds divided, with adjustments for who paid the mortgage, taxes and improvements. The threat of a partition action often produces a buyout agreement. If the co-owners are scattered across different states, see inherited property when the owners live elsewhere.
Easements, boundaries and title
- Driveway, access and right-of-way disputes
- Boundary line and encroachment claims
- Adverse possession and prescriptive easements
- Quiet title actions and clouds on title
- Restrictive covenants and condominium document disputes
Many of these cases belong in the Land Court, which has statewide jurisdiction over title and registered-land matters.
Construction and contractor disputes
I represent owners against contractors who took deposits and didn't finish, did defective work, or overbilled, and I represent contractors and suppliers who weren't paid. Massachusetts mechanic's lien law (G.L. c. 254) has short, strict deadlines, and home improvement contracts carry their own statutory requirements, so these matters need attention early.
Private lending and notes secured by real estate
Private and hard-money lenders whose borrowers defaulted, sellers who financed a sale and aren't being paid, and lenders whose security was undermined by a fraudulent conveyance. See also unpaid loans and notes.
Landlords
On the landlord side, I handle commercial lease defaults, unpaid rent and guaranty claims. More on lease defaults.
How I charge for real estate cases
Deposit, misrepresentation and contractor cases with a clear money recovery can be a good fit for contingency. Cases where the goal is the property itself, like specific performance, quiet title or partition, are usually handled hourly or on a hybrid fee, because the outcome isn't a sum of money to take a percentage of. I'll tell you at the start which I'd recommend. Fee options.
Act quickly
Real estate disputes reward speed. Deposits get released, properties get resold, and lien deadlines pass. If something has gone wrong with a deal or a property, send me the agreement and a timeline or call (617) 230-2779.