Edlow v. RBW, LLC, No. 10-1746 (1st Cir. 2012)Annotate this Case
In 2004, Edlow agreed to purchase three residential condominium units in RBW's luxury development, consisting of a Residential Unit, a Commercial Unit, and a Hotel Unit. It was anticipated that the Regent Hotel would operate the Hotel and that residential occupants would have privileged access to hotel amenities. According to marketing materials the Regent Boston was to offer a spa, meeting space, a signature restaurant by a Michelin chef, 24-hour concierge service, and an executive business center. When construction fell behind, RBW exercised its rights to extend closing dates several times. RBW representatives assured Edlow that "all promised amenities would be available." Edlow affirmed his commitment to purchase two units, but was released from obligation to buy one. The closing for the first unit took place in May 2008. In June, RBW informed Edlow that Regent was pulling out. In July, RBW informed him that the replacement hotel would not offer property management and concierge services discussed in original marketing materials. Despite these notices, Edlow executed a new agreement. Days later, Edlow demanded return of deposits on the remaining unit. Edlow sued, alleging contract, tort and statutory claims. The district court dismissed. The First Circuit affirmed.
The court issued a subsequent related opinion or order on August 29, 2012.