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Under Massachusetts General Laws Chapter 93A, all of the following are true regarding a consumer's Chapter 93A claim against a real estate broker EXCEPT:

Correct Answer

D) The consumer must prove the broker's conduct caused physical injury in addition to economic harm to prevail under Chapter 93A.

Option D is the false statement and therefore the correct answer to this EXCEPT question. Chapter 93A does not require a consumer to prove physical injury. Chapter 93A is an economic and consumer protection statute that covers unfair or deceptive acts causing economic harm. A plaintiff need only show that the defendant engaged in an unfair or deceptive act or practice that caused the plaintiff economic loss — physical injury is not required and is not an element of a Chapter 93A claim.

Answer Options
A
The consumer must send a written demand letter at least 30 days before filing suit in court.
B
If the broker's violation was willful and knowing, the court may award double or treble actual damages.
C
The consumer may recover reasonable attorney's fees if the broker is found liable under Chapter 93A.
D
The consumer must prove the broker's conduct caused physical injury in addition to economic harm to prevail under Chapter 93A.

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Related Topics & Key Terms

Key Terms:

chapter_93Aconsumer_protectionreverse_questionphysical_injury_not_requiredelements_of_claim

Related Concepts

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

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