Elena purchases a home in Newton, Massachusetts. After closing, she discovers that the seller and the listing broker knew about significant water intrusion in the basement but failed to disclose it. Elena's repair costs total $28,000. She files a claim under Massachusetts General Laws Chapter 93A. If the court finds the seller's and broker's conduct was willful and knowing, what damages could Elena potentially recover under Chapter 93A?
Correct Answer
D) Double or treble damages (up to $84,000) plus reasonable attorney's fees, because the conduct was willful and knowing
Under Massachusetts General Laws Chapter 93A, when a court finds that a defendant's unfair or deceptive act or practice was willful or knowing, the court must award double or treble (two to three times) the actual damages. In this case, actual damages of $28,000 could be multiplied up to three times, yielding up to $84,000. Additionally, Chapter 93A expressly provides for the recovery of reasonable attorney's fees and costs when the plaintiff prevails. This makes Chapter 93A a powerful remedy for buyers harmed by real estate fraud or misrepresentation in Massachusetts.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
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