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Sometimes an Offer to Purchase Is just an Offer to Purchase

The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real...more

Liquidated Damages v. Actual Damages – Which Is the Better Choice?

Liquidated damages provisions are common to all types of agreements, from leases to construction contracts. While liquidated damages provisions may appear “boilerplate” and full of legalese, they profoundly impact how much a...more

Is Your Close Corporation’s Real Estate Safe from Shareholder Claims of Ownership by Adverse Possession?

In a case of first impression, the Land Court decided that shareholders of Massachusetts close corporations may acquire corporate real estate by adverse possession. In Szawlowski v. Szawlowski Realty, Inc., the Court...more

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email...more

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