Jennifer buys a home in Quincy, Massachusetts. After closing, she discovers the seller failed to disclose that a child under six years old had previously tested positive for lead poisoning in the home, a fact known to the seller. Jennifer incurs $35,000 in lead remediation costs. She brings a claim under both Massachusetts General Laws Chapter 93A and the Massachusetts Lead Paint Law (MGL Chapter 111, Section 197). Which statement BEST describes Jennifer's potential recovery?

Question

ContractsBreach_and_remediesHARD

Jennifer buys a home in Quincy, Massachusetts. After closing, she discovers the seller failed to disclose that a child under six years old had previously tested positive for lead poisoning in the home, a fact known to the seller. Jennifer incurs $35,000 in lead remediation costs. She brings a claim under both Massachusetts General Laws Chapter 93A and the Massachusetts Lead Paint Law (MGL Chapter 111, Section 197). Which statement BEST describes Jennifer's potential recovery?

Answer Options

A

Jennifer is limited to actual remediation costs of $35,000 because Massachusetts law caps lead paint damages at the cost of de-leading the property.

B

Jennifer may only recover under one statute; she must elect between Chapter 93A and the Lead Paint Law before filing suit.

C

Jennifer's claims are barred because Massachusetts follows a strict caveat emptor rule that prevents buyers from recovering for undisclosed defects after closing.

D

Jennifer may pursue claims under both statutes, and if the Chapter 93A violation was willful, she could recover up to treble damages plus attorney's fees on top of any Lead Paint Law remedies.