Breach of Contract Victory for Financial Services Client

June 2011

The U.S. District Court recently granted a BR&G client its motion to dismiss a breach of contract claim in a dispute over a real estate transaction, resulting in a complete victory in the case. The client, a financial services institution, was represented by BR&G’s Donn Randall and Matt Kane.

The court rejected the plaintiffs’ claims that they entered into a contract that the defendant later breached when it refused to accept proceeds from a short-sale in satisfaction of its mortgage lien, finding that the parties never entered into an enforceable contract. The court also rejected the plaintiffs’ promissory estoppel claim and Massachusetts Consumer Protection Act claim against BR&G’s client.