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Practice Of Real EstateLicense LawHARD

A Massachusetts real estate broker, Helen, represents a seller in a transaction. After the closing, the buyer discovers that Helen failed to disclose a known material defect in the property. The buyer sues Helen under Massachusetts General Laws Chapter 93A. If the court finds that Helen's failure to disclose was a willful or knowing violation, what remedy may the court award under Chapter 93A?

Correct Answer

D) Double or treble damages plus reasonable attorneys' fees and costs

Under MGL Chapter 93A, Section 9, when a court finds that a defendant engaged in a willful or knowing violation of Chapter 93A, the court shall award double or treble damages in addition to actual damages, plus reasonable attorneys' fees and costs. This enhanced damages provision is a powerful remedy that makes Chapter 93A claims particularly significant for real estate licensees. Helen's knowing failure to disclose a material defect would likely qualify as a willful violation, exposing her to multiplied damages.

Answer Options
A
Actual damages plus attorneys' fees, but no punitive multiplier is available in real estate cases
B
Actual damages only, capped at the purchase price of the property
C
A civil fine payable to the Commonwealth of Massachusetts, with no private right of action for the buyer
D
Double or treble damages plus reasonable attorneys' fees and costs

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Related Topics & Key Terms

Key Terms:

chapter_93Aconsumer_protectiontreble_damagesmaterial_defectdisclosure

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