Boston Office Obtains Summary Judgment for Real Estate Broker
Professional Liability Newsletter - Spring 2020
(April 2020) - Boston Partner Matthew M. O’Leary recently obtained summary judgment on claims asserted by a buyer of a home against our clients, the seller of a home and his real estate broker. The dispute arose after the buyer of the property and the tenants had numerous altercations related to noise and other issues. The buyer attempted to evict the tenants, but was not successful because of the terms of a written lease agreement. The buyer claimed that the seller and broker misrepresented the terms of the lease that existed at the time of sale between the seller and the tenants at the property. The buyer claimed that he was told by the seller and the broker that the tenants were at-will, when a written agreement for a fixed term existed.
The court ruled that the terms of the purchase and sale agreement, which explicitly referenced the lease and stated that the seller was not relying on any statements not contained in the agreement, barred the claims. The court also noted that the tenants had lived at the property, without incident, for months before the attempted eviction, and nothing that the seller or the broker did caused the deterioration of the relationship between the buyer and the tenant.
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