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Appeals court considers enforceability of open-ended extension clause in land sale dispute
Summary
The parties disputed whether a signed terms-of-agreement satisfied the statute of frauds and whether the clause "you will grant me any extensions that I request" creates an unenforceable, open-ended option; counsel urged remand or affirmation.
BOSTON — In O'Brien v. Nabadowski, argued Jan. 14, 2026, the appeals court heard whether a signed terms-of-agreement (TOA) for a multi-parcel farm sale satisfied the statute of frauds and how to interpret a clause allowing extensions.
Appellant counsel Don Bornstein summarized the transaction: a $1.2 million purchase price allocated as $400,000 per two parcels to one side and $400,000 for the remaining lot after wetlands cleanup,…
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