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Other Practice Areas

Restaurant Industry

Rajsich & Associates handles a variety of matters for our restaurant clients in the Boston and Greater Boston Area. We enjoy this practice because of the interesting intersection of the transactional and corporate practice, government regulation, and public interest. Recent restaurant industry matters have involved:

- Acquisition of liquor, entertainment, and common victualler licenses;

- Alteration of existing licenses;

- Purchase and sale of restaurants;

- Commercial leases and license pledges;

- Changes of management;

- Disciplinary hearings before licensing authorities;

- Hiring, firing, and other employment issues; and

- Restaurant litigation

Real Estate Law

Our real estate practice most frequently involves non-traditional real estate issues and disputes. Many of our real estate clients are referred to us by real estate closing attorneys or real estate agents and brokers. Some recent examples of our real estate matters have involved:

- Representing a homeowner who discovered, when she listed her property for sale, that the developer had built the home on the wrong lot due to a surveying error. When it was learned that the town actually owned the land underneath her house, we worked with surveyors, appraisers and the town to negotiate a purchase of the land, obtain town approval and, ultimately, obtain special legislation from the state legislature and governor for the homeowner’s acquisition of the land.

- Obtaining specific performance from parties who attempt to back out of real estate transactions after offers are accepted and purchase and sale agreements are signed. This most commonly involves going into court on an emergency basis prior to the transfer of the property to a third party to obtain injunctive relief and/or a lis pendens to be recorded in the registry of deeds.

- Litigating claims for broker’s fees when sellers attempt to “cut out” their broker from receiving his or her due commission.

- Resolution of disputes among condominium owners and associations involving the mismanagement of the condominium trust or refusal to perform obligations under condominium bylaws.

- Representation of landlords and tenants in a variety of disputes.

- Negotiation and drafting of commercial and residential real estate leases.

- Commercial real estate disputes involving leases of office space on MassPort property, mall leases, and restaurant leases.

- Representation of aggrieved investors in failed real estate developments, including an investment in a luxury resort in Turks & Caicos, and a local dispute where a developer essentially operated a ponzi scheme by bilking investors of funds and overpromising returns while using the investments for personal use instead of project development.

Professional Malpractice Claims

Rajsich & Associates works with businesses and individual clients to recover damages from professionals who commit malpractice and breaches of the fiduciary duties which some professionals owe to their clients and customers. Our recent matters have involved claims against lawyers and law firms, licensed surveyors, talent managers, and financial professionals for mishandling or failing to properly service their client matters. These claims are often complex and multi-layered, involving expert testimony and establishing not only that the professional was negligent, but that the client would not have suffered loss but for the professional’s negligence.

Consumer & Individual Claims

We work with individuals, typically on a contingency fee basis, to help them recover in a variety of consumer claims. Many states have consumer protection laws which prevent businesses from operating unfairly toward the general public. Examples of recent consumer and individual claims we have handled include:

- Recovery of insurance and health care benefits for which insurance companies initially deny coverage;

- Professional malpractice by lawyers, home improvement contractors, financial professionals and other licensed service providers;

- Personal injury claims; and

- Consumer fraud claims.

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