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BMK Attorneys Robert Berluti and Ted Whitesell obtained a memorandum of lis pendens on behalf of their client and defeated a special motion to dismiss in the Barnstable Superior Court. On a novel theory that had yet to be resolved by the appellate courts of the Commonwealth, BMK argued that text messages from the real estate broker indicating seller’s acceptance of the client’s offer were sufficient to satisfy the statute of frauds and thus constituted a valid and binding agreement to sell. By obtaining the memorandum of lis pendens, BMK was able to negotiate a prompt settlement that ended with the seller of the residential real estate selling to BMK’s client, rather than a third party.

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