Legal Question in Real Estate Law in Massachusetts

We are located in Massachusetts

We have a business ( a Montessori preschool) with a corporate lease that has 11 months remaining of a 5 year lease. Last March, the owner listed the property for sale. The real estate agent put in MLS listing that the current business would be moving if the building was sold. This was not true, we had no intention of moving. Other preschools found out about this and used it against us when they had prospective clients looking at their schools ("Oh, we hear hat they will be moving"). It was on the MLS for a few months before we knew anything about it.

Our enrollment is down for September and we know that this is partially responsible (economy hurts us also). What obligation does the Realtor have to print accurate information? Do we have any recourse against them for printing information that our business will no longer be operating in a location when that is not true? One of a key deciding factor in choosing a preschool is location and parents are not even going to look at it if they don't know where you will end up.

thank you


Asked on 7/25/10, 9:53 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

To the extent that you can connect the loss of income to this misrepresentation, you have a case. YOu can and should demand that the Realtor retract and correct this announcement.

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Answered on 7/26/10, 7:08 am


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