Mass Real Estate Law

Is a Binding Contract Hitting Send? Review of Feldberg V Coxall

The Massachusetts Middlesex Superior court has applied the Uniform Electronic Transaction Act (“UETA”) in Feldberg v Coxall. The statute was implemented to bridge a gap between the centuries- old laws used to govern contracts, and the modern digital age. Here, Justice Wilkens concluded that since the circumstances supported an intention by both parties to be bound in an agreement, that when applied in this dispute the UETA could allow the signature block or the ‘from” field on an email to satisfy the record element of a land sale agreement.

For the contract between a buyer and seller of land to be held up in court, Massachusetts law requires that there be a “writing” or a record of that agreement. UETA allows this standard to include electronic records. Therefore if a seller and buyer make an agreement through email, they may have created a record. The conduct of the parties is still primary, and Courts look for behavior from both sides to show an intention to be bound.

This case is still waiting to be heard on its merits, but Justice Wilkens was clear in his opinion on the electronic signature. He denied dismissal based on the recorded contract being through email, and accordingly the land was attached to the lawsuit.

If you find yourself in the exciting transition of buying or selling a home, don’t go through it alone. Laws are always changing and the consequences of seemingly innocuous actions can be significant. Contact a real estate lawyer at Brooks & Crowley LLP to help you navigate through the process.

Contributed by Laura Martin

Right To A View: Neighbor Disputes Over Views

Tuesday, July 13th, 2010 @ 07:15PM | Mass Real Estate Law

What do you do when your neighbor decides to renovate his home, plant a tree, or somehow obstruct the nice view you have? Well, it seems that you may be out of luck. Most homeowners do not have a right to a view unless it has been granted by an ordinance in the homeowners’ municipality or subdivision. Check out the full article here.

Mortgage Application Volume Fell Off Last Week

Wednesday, June 23rd, 2010 @ 01:07PM | Mass Real Estate Law

Mortgage applications volume dropped off by 5.9 percent last week even as mortgage rates decreased, a sign the housing market is struggling with government incentives… full story.

Use a Real Estate Attorney Even When Selling by Owner

Thursday, June 3rd, 2010 @ 12:09PM | Mass Real Estate Law

Check out this video about how you should always use a real estate lawyer even if you’re selling by owner.

When Owners Evict Stabilized Tenants

Sunday, May 30th, 2010 @ 08:59PM | Mass Real Estate Law

Q: I am a rent-stabilized tenant in an 18-unit building that was recently sold. The new owner has made it clear that the building will be converted to a one-family home for his family. Is there a law that protects tenants in a situation like this?

Check out the article for the answer.

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Massachusetts Real Estate Attorney Stephen Brooks
Real Estate Attorney Steven Brooks

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stevenbrooks@brooksandcrowley.com

Massachusetts Real Estate Attorney Neil Crowley
Real Estate Attorney Neil Crowley

Cell Phone: (617) 312-7621
neilcrowley@brooksandcrowley.com

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