Q: The buyer was ready, willing, and able to purchase on the closing date, but the seller refused to sell; can the buyer seek specific performance and still buy the property?

A: It depends on the facts. Generally, to grant specific performance and order the sale of a property, a court must find that there is an enforceable contract. Enforceability depends on whether there was an agreement of the parties on the material terms of the contract and a present intention to be bound.1

Case law on this topic continues to evolve. Earlier this year, the Appeals Court addressed a question of specific performance on appeal where the Purchase and Sale Agreement was not executed by the parties. Although the buyers were ready to proceed with the purchase, the seller no longer agreed. The Court, after analyzing the facts, found that the Contract to Purchase was not enforceable because the parties had not agreed to the terms of an easement, and therefore, the subsequent signing of the Purchase and Sale Agreement that included this material term was required to bind the parties to the sale.2 Contrast this decision with other holdings that have found preliminary agreements to be binding and enforceable where “all significant economic issues [are] resolved.”3

The factual analysis in these cases requires careful examination of the terms within the agreement(s) and the actions of the parties involved. To best support your client, work with them to memorialize all major terms in the Contract to Purchase and encourage them to have their attorney review the agreement. If your client finds themselves in a situation where the seller no longer wants to convey, suggest that they seek independent legal advice – noting that time is of the essence.

Q: If a real estate licensee lists their property with an agent, does that absolve the licensee from disclosing all known material defects?

A: No, if a licensed real estate professional lists their home with an agent, they still have a duty to disclose known material defects. Licensees cannot shield themselves from the requirements of Chapter 93A simply by employing the services of another agent.

MGL Ch. 93A requires licensees to disclose known material defects to prospective buyers. Under the Attorney General’s Regulations (940 CMR 3.16 (2)) failure of a licensee to disclose any fact, the disclosure of which may have influenced the buyer or prospective buyer not to enter the transaction may be found to be an unfair and deceptive practice.

Q: My landlord client has a tenant with an emotional support animal but has been receiving noise complaints about the animal. What can the landlord do?

A: Both emotional support animals (ESAs) and service animals qualify as assistance animals under the Fair Housing Act. Tenants are responsible for keeping their animals under control and for adhering to all applicable laws, regulations, and policies. This includes dog licensing, leash requirements, cleaning up after their animals, and avoiding noise disturbances.

If an issue arises, the landlord should address it in the same way they would handle any non-disability-related matter, ensuring a non-discriminatory approach. For example, a landlord would deal with a complaint about a barking service dog in the same manner as a noise complaint about loud music. If addressing the issue requires training the animal, the tenant should be given additional time to address the concern.

****************************************************************************

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.