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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.

Answer Options
A
Double damages only ($56,000) with no attorney's fees, because attorney's fees are not available in real estate disputes under Chapter 93A
B
Only the actual repair costs of $28,000, since Chapter 93A limits recovery to documented out-of-pocket expenses
C
The actual damages of $28,000 plus a statutory penalty of $500 per violation under Chapter 93A
D
Double or treble damages (up to $84,000) plus reasonable attorney's fees, because the conduct was willful and knowing

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Related Topics & Key Terms

Key Terms:

chapter_93Aconsumer_protectiontreble_damagesattorney_feeswillful_violation
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