The client’s brother had executed a will in 2002, at which time the client and his brother owned a two-family house in an affluent suburb of Boston. The 2002 will left the brother’s half-interest in the house to Alan’s client.

In 2010, the brother, who during the prior week had undergone surgery for a brain tumor, amended his will to leave his share of the two-family house to his wife (for which this was a second marriage). Alan’s client contended that this change was invalid based on the wife’s undue influence and the brother’s lack of mental capacity.

The key event in the case was a deposition that Alan took of the attorney who prepared the 2010 will. He acknowledged that the wife dictated the terms of the will and coordinated the presence of the witnesses for the signing of the will. The attorney admitted that he never spoke with the brother about the will until the day he signed it, and further acknowledged that they had no opportunity to discuss his intentions privately while at his home for the will signing. The attorney also produced a memorandum from the brother’s wife stating that while she had no interest in the two-family house, she did not want Alan’s client to receive it in the amended will. The attorney acknowledged that he relied upon this memorandum in preparing the will.

Under the settlement, the 2010 will was declared invalid and the wife agreed to waive her statutory spousal share of the estate (which she would be entitled to receive even if the case were tried and the will declared invalid) in exchange for a modest cash payment. As a result, Alan’s client will receive his brother’s interest in the house and will now own it outright.

Alan Fanger is a highly talented attorney and on top of that a truly great guy. He handled my case with a level of conscientiousness, honesty and knowledge that put my worries to rest during a complex business dispute. Alan made himself easily accessible and went the extra mile to ensure I understood every detail of my case. The service was outstanding and I would highly recommend Alan to anyone in need of an attorney.

The client lived in an apartment within a house that was divided into six apartments. The local building code requires all apartments to have two means of egress. Unfortunately the client’s apartment was on the third floor and had but one means of egress, making installation of a second egress a practical impossibility. Additionally, the building was zoned for only two units. As a result, the zoning enforcement official ordered the tenant to immediately vacate the unit, despite the fact that the tenant had five months remaining on his lease. The tenant ended up moving into a friend’s apartment and had to put most of his furnishings into storage.

Through investigation Alan learned that the landlord had long been aware that the unit did not comply with the zoning code. Citing this fact, Alan sent the landlord a “demand for relief” pursuant to Chapter 93A of the General Laws of Massachusetts and requested payment of compensation for “unfair and deceptive acts or practices”; in this instance, renting the apartment to the tenant with the knowledge that it did not comply with either the building or zoning laws. Within one month of the landlord’s receipt of the demand, and without the need to initiate any lawsuit, the parties agreed to a monetary settlement.

Wellesley real estate litigation attorney, Alan Fanger serves the entire Greater Boston and Boston metrowest region including Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.

We just bought a new home in Weston.  Shortly after we moved in, we discovered a termite problem.  I found a termite control station in the ground, so the sellers had to know about the problem.  So my question is, can I sue the sellers for not disclosing this problem and/or can I sue the home inspector for not finding the problem either?  We wouldn’t have bought the house if we had known of the termite problem.  What kind of attorney fees would be we looking at and what kind of settlement might we expect?

ATTORNEY ANSWER:

Assuming that this is a single-family home that served as the seller’s principal residence,  in order to hold the seller responsible for non-disclosure of the termite problem,  you would have to prove that you actually asked the seller or his/her real estate agent about termites and was told that there wasn’t a problem.   A private seller of a single-family home does not have an affirmative obligation to volunteer information about defects in the home.  However, if the seller is asked and provides information,  he/she must answer completely and truthfully.

The standard is different for making a claim against a home inspector.    Claims for negligence may be brought against home inspectors.    Sometimes inspectors ask prospective buyers to sign something prior to the inspection stating that the inspection does not cover termites.    This is why people often obtain a separate “pest inspection”.    But pest inspections typically focus on active infestation.   Check the home inspection report and agreement to see if such language is present. 

Attorney Alan Fanger is a Professional Malpractice Lawyer serving  Weston, Massachusetts and the entire Greater Boston and Boston metrowest region including the communities of Sudbury, Concord, Lincoln, Weston, Wellesley, Natick, and Framingham.

We paid for a title search on property in Wayland but found out after purchase the title was never clear.  We received a certified letter stating that the property had been auctioned off for back taxes and would no longer be ours if we did not pay over two years worth of back taxes, including interest and fees, within months. We consulted a real estate lawyer and found that the title had a lein against it and had never been filed. We paid all of the taxes and filed the deed. We have evidence that we paid for a title search & title insurance. Do we have a case?

ATTORNEY ANSWER:

If you were the party that engaged the title search company,  it would appear that you may very well have a valid claim for a negligent title search. You should consult with an experienced professional malpractice attorney.

Attorney Alan Fanger is an Professional Malpractice Lawyer.  He serves the entire Greater Boston and Boston metrowest region including Wayland, MA and  the surrounding communities including Sudbury, Concord, Lincoln, Weston, Wellesley, Natick, and Framingham.

It is perhaps borne out of this complexity and confusion that clients come to the legal process and system with certain myths or pre-conceived notions about lawsuits and the litigation process.    I hear them quite often and thought I would debunk some of them for you:

1. “THIS CASE IS A “SLAM DUNK”

             Other than in basketball,  there are no “slam dunks” in life,  and certainly not in the world of litigation.      In any lawsuit there are a host of variables that affect the outcome of a case.      These include the quality of the attorneys for each party,   the ability of the client to withstand the rigors and stresses of litigation,  the degree to which the client cooperates with counsel in preparing the case or defense,  and the availability and degree of cooperation of third party witnesses.      If you’re a plaintiff (the party bringing the case) and the defendant does not have insurance,  the “collectibility”” of any judgment may also be in question.

2.  “ONCE WE SUE [THE DEFENDANT], HE WILL SETTLE”

            It’s a nice thought but statistically,  the odds of a “quick settlement” of any case are low.      Defense attorneys often are able to persuade their clients that they have one or more valid defenses to a case,  and the only way they can “make a buck” on a case is to spend their client’s money (or their client’s insurer’s money)  by doing things defense attorneys are good at,  such as sending out requests for documents, and taking depositions.  Most cases are settled only after these exercises have been completed.

3.   “I KNOW A LOT OF PEOPLE WHO ARE WILLING TO SPEAK ON                  MY BEHALF”

            Those people may have told you that,  but this is where theory and practice diverge from one another.   People have a tendency to want to please the people they know, so they vow to be helpful as a way of expressing their moral and emotional support.     But despite those sincere words,  most people who are not themselves directly involved in a lawsuit would rather not stick their necks out.     You see this quite often in employment cases,  where a terminated employee believes a co-worker who is still with the company will come forward with “the truth”.     That employee’s loyalty is ultimately to the company they work for,   and that’s a big deterrent to getting involved.

4.     “I CAN’T WAIT TO BE DEPOSED”

            You would probably rather have a colonoscopy.   A deposition is a stressful proceeding,  even for the most seasoned “deponent”.    Attorneys who take depositions typically are quite prepared and find a host of ways to get the facts from even the most prepared and rehearsed of witnesses.

5.        “I’M GOING TO CALL THE LICENSING AGENCY AND HAVE HIS                   LICENSE TAKEN AWAY”

            This is a nearly certain formula for prolonging the life of a case,  not shortening it.  Professionals and others who are licensed feel that people are cutting into raw nerve when they attempt to have a licensing authority impose disciplinary sanctions on them.  What I tell clients is simple:  If you have a sincere belief that the public needs to be protected from that person,   feel free to call the licensing board.    But if you’re “dropping a dime” in order to get a “leg up” in a civil case,  that strategy is likely to backfire.

6.      “I GOT HIM SAYING IT ON TAPE”

You may have gotten him saying it on tape,  but the likelihood is that you taped the conversation without getting his consent,  and that’s a crime under Massachusetts law.     Most taped conversations are not usable in litigation because the taping was done illegally.

7.      “IT’S NOT ABOUT THE MONEY…IT”S  THE PRINCIPLE”

            It’s actually all about the money,  but it’s perfectly OK to say so.

Boston litigation attorney, Alan Fanger concentrates his practice in litigation matters involving real estate, wills and probate, and professional malpractice matters. Alan serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, and Middlesex County, and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.

My wife and I moved into our first home in Wellesley and discovered a defective foundation.  We contacted engineers and contractors and discovered that the sellers had contacted them previously for foundation repair bids.   The foundation issues were not disclosed to us prior to buying the property. Isn’t it obvious that the sellers knew the house was settling as they sought out repair bids?  Furthermore, we discovered records showing the house was painted 2 times in just 3 years. Does this sound like a strong case?  Who would we hire- a litigation attorney or a real estate lawyer?

ATTORNEY ANSWER:

A seller of a primary residence is not required to disclose defects in the property unless he/she is asked and misrepresents facts to you.   A better option would be a suit against the home inspector (if you had an inspection performed). 

Attorney Alan Fanger is a Wellesley professional malpractice attorney. He serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, Middlesex County and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland and Weston, Massachusetts.

I bought a commercial property in Natick and now due to disputed property lines have determined that the property is unsuitable for my business.  Before we closed, the seller told me that there was a pending boundary dispute with the neighbor but that the claim was totally bogus. I had surveyed the property before closing but didn’t see any validity in the neighbor’s claim either.  As it turns out, the neighbor did have a case and the property does not meet the needs of my business. Do I have a case to sue the seller?

ATTORNEY ANSWER:

You may have  a case.  However, the fact that your own survey suggested that the neighbor’s claim was invalid may weaken it quite a bit.   Much will depend on the content of the purchase and sale agreement between you and the seller.    If the P&S says that it incorporates all representations of the seller, and if the boundary dispute is not mentioned, then you would have to prove that the seller intentionally deceived (as opposed to simply being careless) when he said that the claim was bogus.   This would make your case much tougher to prove. 

Attorney Alan Fanger is a Natick professional malpractice and legal malpractice attorney. He serves the entire Greater Boston and Boston metro west region including Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.

Can I sue my accountant?  It appears as though there were significant errors with my taxes from 2009 and now I am being audited.  I understand I am responsible for the tax filing, but can I sue him for damages as my Boston area business has suffered?

ATTORNEY ANSWER:

If you have sustained any penalties or interest as a result of the accountant’s errors,  you may have a claim against the accountant for malpractice. 

Attorney Alan Fanger is an Accountant Malpractice Lawyer.  He serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, Middlesex County and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.

He was supposed to set up an equal ownership partnership agreement for my small business in Needham.  My business partner and I are in the process of selling the company but it as it turns out I will receive less than 50% of the proceeds.  Does it sound like I have a legal malpractice case?

ATTORNEY ANSWER:

Whether you have a claim against the attorney depends upon the scope of his services.    If the attorney made it clear that he was representing the corporation to be formed and not the individual partners, there would likely be no claim.  However,  if the attorney did not make the scope of his representation that specific,   you may very well have a claim. 

Attorney Alan Fanger is a Needham Professional malpractice attorney. He serves individuals and businesses in Needham and other nearby Greater Boston communities including: Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.