Robert S. Kutner
Robert S. Kutner
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. From 1988 to 2004, Mr. Kutner wrote a weekly real estate 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.
- Harvard College
Columbia University School of Law
- Honors & Awards:
- New England Super Lawyer®
- Boston Bar Association
Real Estate Bar Association of Massachusetts
- Real Estate law chapter of Chapter 93A Rights And Responsibilities