Other Commercial Litigation Topics Attorney in Boston, Massachusetts

What types of real estate disputes give rise to lawsuits?

Boston, MA commercial litigation attorney Robert R. Berluti talks about the common types of real estate disputes give rise to lawsuits.

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in real estate there sometimes you know
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litigation at the transaction level in
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other words it’s a purchase and sale
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agreement that’s signed and trying to
00:15
work through those issues to make sure
00:17
the property gets conveyed in a timely
00:20
fashion and in a way that the parties
00:22
wanted meaning that the property is not
00:25
encumbered those are you know generally
00:27
pretty straightforward type disputes and
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sometimes they do boil over into
00:32
litigation because someone’s trying to
00:35
get out of a transaction some of the
00:37
interesting trends there is that many
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real estate brokers convey offers back
00:46
and forth through text messages so one
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of the interesting issues that have come
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up that we have litigated is whether or
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not a text message is a sufficient
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writing to be enforceable under the law
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and that’s a developing area of the law
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there is some case law at the at the
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trial level but there’s not a lot of
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case law at the appellate level so we
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look for that to continue to develop the
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other issues that we have dealt with is
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oftentimes and land use issues
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interpreting easements or interpreting
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whether or not you know a property can
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be used in a way that that they want to
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use it sometimes that means access over
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private ways access over public ways and
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the full meaning you know it’s
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encompassed in an easement so that can
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oftentimes also lead to disputes between
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parties
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