DIAZ v. BRAZILIAN BAPTIST CHURCH OF FRAMINGHAM, INC.


2007 Mass. App. Div. 195 (2007)

William Diaz, and others v. The Brazilian Baptist Church of Framingham, Inc.

Massachusetts Appellate Division, Northern District.

November 30, 2007.


Attorney(s) appearing for the Case

Stephen P. Weitz for the plaintiffs.

Michelle J. Blair for the defendant.

Present: Coven, Brant & Brennan, JJ.


Brant, J.

On October 9, 2003, The Brazilian Church of Framingham, Inc. ("Church") purchased an abandoned building in Framingham from the Trustees of the ITAMS Realty Trust ("Trust"). Because of the building's condition, its utility systems could not be inspected by the Church prior to the closing on the property. As a result, the attorney for the Church drafted an escrow hold-back agreement to which both parties assented. The hold-back agreement stated:

The...

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