Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

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Although not identical to the Greater Boston Real Estate Board’s (“GBREB’s”) Standard Form P&S, the P&S incorporated its language regarding a pre-closing inspection for the purpose of identifying building code and zoning issues. Paragraph 9 of the P&S, “Possession & Condition of Premises,” provides in relevant part: “Full possession of said premises is to be delivered at the time of the delivery of the deed, said premises to be then (b) not in violation of said building and zoning laws . . . The BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause.” According to the P&S, Old New England would resolve any pre-closing issues. If defects were not adequately remedied, the Cooks had the option either to cancel the sale and receive a full refund of their deposit or accept the deed to the properly in its existing condition, thereby waiving building code and zoning issues. Paragraph 13 of the P&S states: “The acceptance of a deed by the BUYER . . . shall be deemed to be a full performance and discharge of every agreement and obligation therein contained or expressed . . .’’

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