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Appellate panel reviews partial-summary-judgment win in off-the-books property sale dispute
Summary
The Massachusetts Appeals Court on Feb. 11, 2025 heard argument in Perez v. Diaz over whether a signed installment-sales letter for a Dorchester commercial building was fully integrated or whether extrinsic evidence and course-of-performance create triable issues preventing summary judgment.
The Massachusetts Appeals Court on Feb. 11, 2025 heard argument in Perez v. Diaz, a commercial dispute over the meaning and enforceability of a signed installment-sales letter for a three-unit commercial property in Dorchester.
Plaintiff-appellant Jose Perez operates an auto-body business in one unit and said he and defendant Orlando Diaz negotiated a sale documented in a signed instrument. Perez argued the signed document was not a fully integrated agreement because: (1) an earlier draft contained additional terms (including an express…
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