Massachusetts Supreme Judicial Court

Uno Restaurants, Inc. v. Boston Kenmore Realty Corporation

April 1, 2004441 Mass. 376

Summary

The court held that Boston Kenmore did not breach the implied covenant of good faith and fair dealing by notifying Uno of a bona fide third-party offer for the condominium unit and declining to reallocate the purchase price among the units. The covenant did not add a contractual duty to police or renegotiate the third party’s allocation absent collusion, and the evidence was insufficient to establish any grossly disproportionate allocation. The court also affirmed dismissal of Uno’s claim under G. L. c. 93A, concluding that Boston Kenmore’s arm’s-length conduct was not unfair or deceptive.