Patricia, a real estate broker, knowingly engages in a pattern of racial steering in violation of MGL Chapter 151B. A complainant files a civil action in Superior Court rather than with MCAD. If the court finds that Patricia's conduct was willful and knowing, which of the following remedies is available under Massachusetts law that is NOT available under the federal Fair Housing Act's administrative process?
Correct Answer
D) Multiple damages (up to three times actual damages) under MGL Chapter 93A
Massachusetts General Laws Chapter 93A (the Consumer Protection Act) provides for double or treble damages when a court finds that a respondent's unfair or deceptive conduct was willful or knowing. Because real estate transactions are commercial in nature, a licensee's willful fair housing violation can also constitute an unfair or deceptive act under Chapter 93A, entitling the complainant to multiple damages. This remedy of up to treble damages under Chapter 93A is a Massachusetts-specific remedy not available through the federal Fair Housing Act's administrative process.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
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