Real Estate Law

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Commercial | Residential | Conveyancing | Zoning & Permitting

For over four decades, Goldman & Pease has represented clients in the acquisition, development, investment, management and disposition of commercial and residential real estate. We provide concise analysis, creative solutions, and guidance to ensure compliance with federal, state and local property laws, regulations and ordinances to our real estate clients. We also counsel businesses and individuals regarding prospective real estate needs, evaluate properties for suitability, advise to minimize financial liabilities, provide due diligence, facilitate zoning compliance and financing, and negotiate purchases and sale agreements. We and represent title insurance companies in Massachusetts and Rhode Island seeking to cure and resolve title defects, and represent numerous financial institutions and private funding sources in real estate financing.

Secure Insight sealOur areas of expertise include:

  • Contractor/developer construction disputes
  • Commercial and residential leasing and finance
  • Title insurance and curing defective titles
  • Conveyancing
  • Adverse possession, easements, and other boundary dispute
  • Zoning and land use planning
  • Foreclosing on mortgaged property and personal property in security agreements
  • Property tax abatements
  • Real estate broker commission disputes
  • Commercial and residential evictions

Representative Real Estate Matters Include:

  • Commercial – We regularly represent banks, mortgage companies and private lenders to facilitate commercial loans, including multimillion-dollar loans to some of New England’s largest condominium complexes, for capital repairs and improvements.
  • Leasing – When a large commercial landlord was faced with the strong-arm tactics of a Fortune 100 tenant, the tenant refused outright to pay fully for all the square footage utilized. Negotiations quickly broke down. Through a series of aggressive moves, we successfully opposed the tenant’s motion to dismiss brought by a major international law firm, reached a new lease agreement that acknowledged the tenant’s full use of the leased space, and compensated the landlord for the unpaid rent.
  • Effectuated settlement on behalf of defaulted tenants during the COVID-19 pandemic, using defenses of force majeure, impossibility of performance, and landlord’s failure to mitigate its damages.
  • Subdivision Development – We represent developers in overcome the many zoning, local governance, financing, and development hurdles facing complex subdivision projects. We recently represented a 26-unit subdivision in Westborough by navigating zoning requirements, drafting governing documents, developing Covid-19 protocols, and financing negotiations to bring the entire project to market.
  • A recent action in Rhode Island Superior Court involved two errors: a mortgage description that misidentified one property for another, and a prior quiet title action that also misidentified the property., We successfully vacated the judgment and finally, properly, quieted title to the property.
  • Represented numerous real estate purchasers in cases where sellers attempted to terminate purchase and sales agreements. Through specific performance and a lis pendens actions, we protected our clients’ rights to purchase those properties.
  • Encroachments and Adverse Possession –We regularly handle boundary disputes between neighbors. For example, following a survey to appropriately place new fencing, it was discovered a property boundary line was not where either neighbor thought. Claims of adverse possession ensued, and the matter was resolved through a planful mediation process.
  • In a recent matter our client, seeking to purchase of a multifamily dwelling, learned of multiple hidden defects prior to closing. The seller sought to move on to the next buyer despite language in the purchase and sale agreement allowing for a revision of the purchase price. We obtained preliminary relief in the Massachusetts Land Court through a lis pendens, which prevented the seller from moving on to the next purchaser. Thisprompted renegotiations regarding the price in light of defects. A sale quickly resolved.
  • We recently successfully prosecuted, then negotiated a claim of legal malpractice brought because of buyer counsel’s failure to monitor a mortgage contingency date, which caused our client to lose his deposit.

Contact the Massachusetts real estate attorneys for a case evaluation regarding your real estate matter.

Our lawyers handle all types of real estate cases including commercial, residential, conveyancing, and zoning & permitting. We serve clients throughout the Greater Boston region including Allston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts and Rhode Island.

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