Broker Marcus is found by the MCAD to have engaged in discriminatory blockbusting practices in violation of MGL Chapter 151B. The affected homeowners also bring a claim under MGL Chapter 93A, alleging that the blockbusting constituted an unfair and deceptive business practice. The court finds Marcus's conduct was willful. Which combination of remedies is available to the homeowners under Chapter 93A?
Correct Answer
C) Double or treble actual damages plus reasonable attorney's fees, because the violation was willful
Under MGL Chapter 93A, Section 9, when a court finds that a respondent's unfair or deceptive act or practice was willful or knowing, the court must award double or treble the amount of actual damages. In addition, Chapter 93A mandates an award of reasonable attorney's fees to a prevailing plaintiff. Real estate transactions are not exempt from Chapter 93A, and blockbusting by a licensee clearly constitutes an unfair or deceptive practice. This combination of multiple damages and attorney's fees is a powerful Massachusetts-specific remedy.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
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.
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?
In Wyoming real estate practice, a first-time salesperson applicant completes coursework. What should the licensee remember?
A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
A responsible broker in Wyoming asks about a nonresident applicant provides home-state evidence. Which answer follows Wyoming law?
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