Patricia is selling her home in Cambridge, Massachusetts. She signs a purchase and sale agreement with buyer Thomas. Two weeks before closing, Thomas discovers the home has undisclosed structural issues that the seller knew about. Thomas wishes to cancel the contract and recover damages beyond just his deposit. Which Massachusetts law provides the most powerful basis for Thomas to recover enhanced damages including attorney's fees from Patricia?
Correct Answer
B) Massachusetts General Laws Chapter 93A, because it prohibits unfair or deceptive acts and allows for double or treble damages plus attorney's fees
Massachusetts General Laws Chapter 93A (Consumer Protection Act) is the most powerful basis for Thomas's claims. It prohibits unfair or deceptive acts and practices in trade or commerce, which includes a seller's knowing concealment of material defects. If the court finds the violation was willful or knowing, Thomas can recover double or treble actual damages plus reasonable attorney's fees. Chapter 93A is specifically designed to provide enhanced remedies beyond ordinary contract damages and is a key statute in Massachusetts real estate disputes.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.
An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.
Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.
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