Pierce & Mandell, P.C.

11 Beacon Street, Suite 800
Boston, Massachusetts 02108-3002

Phone: (617) 720-2444
Fax: (617) 720-3693

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Real Estate Law and Litigation

"Massachusetts Real Estate Litigation” by P&M Shareholder Michael C. Fee

Monday, July 30, 2018
Michael C. Fee, Pierce & Mandell, P.C., Boston, MA

Pierce & Mandell shareholder Michael C. Fee has authored the recently published LexisNexis® Practice Guide to Massachusetts Real Estate Litigation (2018 Edition). The book is intended to offer practical guidance on some of the most significant real estate issues currently being litigated in Massachusetts, and contains nearly 400 practice tips, forms and checklists. Designed to be useful to both new and experienced practitioners, the guide strives to provide succinct, easily accessible yet comprehensive analysis in the following areas:

  • Adverse Possession
  • Trespass
  • Nuisance
  • Construction Liens
  • Public Works Bonding
  • Easements
  • Restrictive Covenants
  • Eminent Domain
  • Foreclosures
  • Real Property Receiverships
  • Residential and Commercial Landlord Tenant
  • Broker Litigation, and
  • Community Associations

For more information about “Massachusetts Real Estate Litigation (2018 Ed.)”, go here.

Michael C. Fee was quoted in this week’s Lawyers Weekly article

Tuesday, June 10, 2014

Michael C. Fee was quoted in this week’s Lawyers Weekly article entitled: “Choice of remedies after P&S breached”.


Michael Fee Quoted in "Lawyers Weekly" Article

Thursday, August 15, 2013

Michael C. Fee was quoted in this week’s Lawyers Weekly article entitled: Broker gets fee despite no lease.

Medical Marijuana in Massachusetts Marches On!

Thursday, April 11, 2013
By: Michael C. Fee

The Massachusetts Department of Public Health recently posted its draft regulations regarding the use of medical marijuana. They can be viewed online using this link:

Public comments on the draft regulations will be received until April 20, 2013, and the Department of Public Health will hold three concurrent public hearings on April 19th in Plymouth, Boston and Northampton to receive additional input.

Details on the specific locations and times of the public hearings will be posted.  Stay turned for more breaking developments as Massachusetts implements new procedures for the humanitarian use of medical marijuana in the Commonwealth.

Estoppel Certificates: A Primer for Commercial Tenants

Tuesday, March 05, 2013
By: Michael C. Fee

A spike in recent client inquiries to evaluate proposed estoppel certificates may signal brighter times ahead for the commercial real estate market.  Hope springs eternal, and now seems an opportune time to review the basic principles, and potential pitfalls, associated with estoppel certificates.

First, an estoppel certificate is a written form generally requested from tenants when a commercial property owner is attempting to sell or refinance property.  The buyer or lender, in the course of its due diligence, seeks confirmation of the status of all leases at the property, and estoppel certificates once executed, are binding and will serve to prohibit a party from later claiming some different state of facts.

Typically, a tenant is asked to certify: (i) whether the tenant’s lease is in full force and effect and has not been assigned or amended; (ii) whether the landlord has performed its obligations under the lease; (iii) whether any required tenant improvements or buildout allowances have been provided; (iv) whether there are any claims or defenses which tenant may assert against the landlord; (v) whether rent has been paid more than one month in advance; and (vi) whether a security has been paid.

As noted, the contents of an executed estoppel certificate are conclusive, and bind both landlord and tenant.  Black’s Law Dictionary, 572 (7th Ed. 1999); Plaza Freeway Limited Partnership v. First Mountain Bank, 81 Cal. App. 4th 616 (2000).  For this reason, tenants should carefully evaluate requested estoppel certificates, and ensure that the terms of any oral agreements with a landlord, or any other material issue regarding the tenancy that is not contained in the lease, gets memorialized.  In addition, tenants need to be wary of an over reaching landlord, buyer, or lender who attempts to insert tenant terms or obligations into an estoppel certificate that are not contained in the lease.  A tenant who fails to carefully evaluate a proposed estoppel certificate risks being held to such additional terms or obligations at some later date.

A good form that we have used as a model Estoppel Certificate can be found here. If you have questions about estoppel certificates, or any other aspect of commercial leasing, the business lawyers at Pierce & Mandell, P.C. can assist.

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