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Phone: 617.426.5900
Email: kutner@casneredwards.com
Litigation; Real Estate; Real Estate Brokerage
and Association Law; Chapter 93A
Robert S. Kutner is a partner in Casner
& Edwards’ Litigation and Real
Estate Departments. His practice encompasses
real estate brokerage and association
law, professional liability litigation
and products liability litigation.
Having advised real estate brokers and
their companies with regard to legislative
issues, transactional matters and license
law compliance, Mr. Kutner has represented
the foremost statewide real estate trade
association since 1978. As association
counsel he has crafted an extensive set
of standard forms for the sale and lease
of residential property and prepared statutes
and regulations for disclosure of: property
condition, lead paint, agency relationships
and urea formaldehyde foam insulation.
Mr. Kutner’s litigation practice
focuses on defense of professional liability
claims as well as products liability and
toxic tort litigation involving such matters
as asbestos, lead paint and mold. Mr.
Kutner has handled all levels of trials
and appeals in the Massachusetts state
courts, the United States District Court
for the District of Massachusetts and
the United States Court of Appeals for
the First Circuit. Among his trials and
appeals, Mr. Kutner’s achievements
include:
- Establishing appellate precedent clarifying
that the disclosure obligation of
real estate agents is limited to facts
actually known about the condition
of a property, pursuant to the Massachusetts
Consumer Protection Act, Chapter 93A;
- Establishing appellate precedent
providing a defense for real estate
agents who innocently pass along erroneous
acreage information about a property
to prospective buyers in reliance
on municipal records;
- Obtaining a defense verdict in a
wrongful death case involving adequacy
of the design and warnings for use
of a life preserver;
- Obtaining a defense verdict in a
products liability lawsuit involving
adequacy of the design of hockey equipment
where a high school player suffered
a fractured vertebra.
Mr. Kutner is a frequent lecturer on real
estate related issues. He authored the
real estate law chapter of Chapter
93A Rights And Responsibilities,
published by Massachusetts Continuing
Legal Education. Since 1988 he has written
a weekly real estate law column in the
Boston Herald and since 1982 a bimonthly
legal column for Bay State REALTOR®. Mr. Kutner has been selected as a Super Lawyer® in Boston Magazine.
Prior to joining Casner & Edwards Mr.
Kutner was associated with the Boston
firm, Tyler & Reynolds. Mr. Kutner
received his J.D. from Columbia University
School of Law where he was a Harlan Fiske
Stone Scholar. He received a B.A. from
Harvard College. He is a member of the
state and federal bars of Massachusetts,
the state bar in Florida and the Real
Estate Bar Association of Massachusetts.
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