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?
Correct Answer
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.
Jennifer may pursue claims under both MGL Chapter 93A and the Massachusetts Lead Paint Law (MGL Chapter 111, Section 197) simultaneously. These are separate legal bases that address different aspects of the seller's conduct. Under Chapter 93A, if the seller's knowing concealment of the lead paint history was willful, Jennifer may recover double or treble actual damages ($35,000 × 2 or 3 = up to $105,000) plus reasonable attorney's fees. The Lead Paint Law imposes additional liability on property owners who fail to comply with de-leading obligations. Pursuing both claims is permissible under Massachusetts law.
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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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