MARCUS, ERRICO, EMMER & BROOKS, P.C. 

  
Massachusetts - New Hampshire - Rhode Island  

 

Representing Over 3,500 Condominium Associations...One Association at a Time    
 
C
ondominium-Apartment Insider 
 

December 2011
Issue No. 31

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MEEB ESTABLISHES

NON-PROFIT FOUNDATION TO

GIVE MORE AND "GIVE BACK" TO

THE CONDOMINIUM WORLD

 

When it comes to charitable giving, the attorneys at Marcus, Errico, Emmer & Brooks (MEEB) think more is better.  With that thought in mind, the firm has established a non-profit foundation as a vehicle for expanding its own contributions and possibly soliciting contributions from others. 

 

Charitable giving has long been a priority for the firm, which has been donating between $30,000 and $40,000 annually to a variety of causes.  "But we thought that wasn't enough," explains Stephen Marcus, one of the founding partners.    So the firm has increased its annual commitment to $100,000 and has decided to channel a large portion of that increase toward issues related to condominiums - one of the firms' primary practice areas. 

 

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RENTERS' INSURANCE PROTECTS

LANDLORDS AS WELL AS TENANTS  

 

 

Here's a landlord's nightmare - at least one of them. A fire has caused extensive damage to one of your buildings. No one was injured, fortunately, but all 50 tenants will have to be relocated while the building is being repaired, which will take at least five months and probably longer. The cause of the fire, as is often the case, is unrelated to the landlord or the physical structure of the property.

 

A Massachusetts statute requires landlords to provide $750 in relocation benefits to tenants displaced by a building disaster, so you cut those checks. But that payment won't cover their temporary housing costs for long, and it certainly won't replace the personal belongings that were damaged or destroyed in the fire. Many of your tenants, if not all of them, will need to blame someone for their losses, and will expect you to compensate them. At least some of them will sue you when you refuse.

  

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REALTOR LIABLE FOR FAILING TO VERIFY ZONING DISTRICT OF PROPERTY LISTING

 

In DeWolfe v. Hingham Centre Ltd., the Massachusetts Appeals Court recently considered a Realtor's duty to disclose and independently verify zoning information about a listing property.  The agent, relying on what turned out to be erroneous information supplied by his client, listed a Norwell property on Multiple Listing Service (MLS) and newspaper advertising as "zoned Business B." The property was not in fact zoned for business use; it was zoned residential, thereby prohibiting the hair salon the buyer wanted to open at the property.

 

Despite the general disclaimer on the MLS system and in the purchase and sale agreement, the Massachusetts Appeals Court held that the Realtor could be held liable for misrepresentation and Chapter 93A violations due to providing this erroneous information.

 

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MARCUS, ERRICO, EMMER & BROOKS, P.C.

 45 Braintree Hill Office Park, Suite 107

Braintree, Massachusetts  02184

781-843-5000 /meeb.com