Land Use / Property Rights - client retained attorney Cloutier to defend the client's property against the neighbor's claim of ownership of a large portion of my client's land. After living on his property for forty-five years, the client's neighbor claimed that my client's boundary line encroached onto the neighbor's land. After researching various land records and instruments of title, attorney Cloutier argued that his client owned the land in dispute by adverse possession. Subsequent negotiation resulted in an amicable resolution that resulted in my client purchasing the neighbor's entire parcel of property.
Servicemember’s Civil Relief Act- represented a Lieutenant Colonel in the United States Army Reserve whose landlord failed to honor provisions of the Servicemembers Civil Relief Act pertaining to the payment of rent following the receipt of activation orders to a new duty station in the Midwest. Attorney Cloutier negotiated a settlement that balanced his client's right to his excess rent and the practicality of his being able to present himself for a trial on the merits due to his geographic location. Through negotiation, Attorney Cloutier was able to recover an amount of rent 260% greater than the landlord's initial offer.
General Litigation - Successfully had two lawsuits dismissed in the West Roxbury Division of the Boston Municipal Court that were filed against attorney Cloutier's garage-owner client. The Plaintiff made various allegations against attorney Cloutier's client and asked the Court for monetary damages. Attorney Cloutier's advocacy resulted in both cases being dismissed which allowed attorney Cloutier's client to continue to maintain and operate his successful garage business.
General Litigation - When a Massachusetts business refused to pay attorney Cloutier's corporate recruiter client based out of Colorado for the recruiter's successful placement of two high-end executives with the Massachusetts business, attorney Cloutier successfully leveraged the facts and applicable law to compel the Massachusetts business to pay the full commission rate owed to attorney Cloutier's corporate client.
Real Estate Deposit - When a property owner failed to return attorney Cloutier's client's $38,750.00 deposit paid toward the purchase of a home, attorney Cloutier effectively leveraged the facts, applicable law and a pending lawsuit to compel the property owner to return the full deposit, plus attorney's fees. The dispute arose out of the property owner's failure to deliver the premises and deed to attorney Cloutier's client by the time specified in the purchase and sale agreement. Despite the clear language of the purchase and sale agreement authorizing the return of the deposit, the property owner attempted to argue that attorney Cloutier's client breached the purchase and sale agreement and thus forfeited his deposit. It did not take attorney Cloutier long to convince the property owner otherwise by highlighting the contract terms and applicable law.
Real Estate Broker's Commission - A listing real estate brokerage declined to pay attorney Cloutier's real estate agent client her $10,912.50 commission for her representation of the buyer of property in Newton, MA. The broker justified his withholding of the commission by pointing to a years old and unrelated dispute the broker had with the agent. Attorney Cloutier laid out the applicable facts and controlling law in lawsuit to recoup the commission upon which the offending broker promptly paid the commission and attorney's fees to attorney Cloutier's client.