Protecting REALTOR® Liability
September 25, 2023
On August 16th, the highest court in Massachusetts issued its ruling in Hill-Junious vs. UTP Realty LLC. In the case, a patron was murdered outside of a nightclub shortly after a new owner purchased the property and there had been several incidents at the club under the prior owner. The plaintiff argued that a commercial landlord’s duty to prevent reasonably foreseeable criminal acts encompassed a duty to learn of criminal acts that occurred prior to their purchase of the property. MAR provided a legal brief explaining that such a duty would have a harmful impact on properties in lower-income neighborhoods and potentially also harm property owners and real estate professionals by exposing them to liability. Read MAR’s brief. MAR’s brief was the basis for several questions at oral argument when Justices asked about impacts of a broad landlord duty on…