Broker Ellen has been licensed in Massachusetts for 15 years and has never had a disciplinary complaint. She recently listed a property and, in her advertising, stated that the home was 'only 5 minutes from downtown Boston' when she knew the actual commute was closer to 25 minutes by car. A buyer purchased the home in reliance on this claim and later filed a complaint with the Board. Under Massachusetts law, which combination of legal consequences could Ellen face?
Correct Answer
A) Board disciplinary action under MGL Chapter 112 and civil liability under MGL Chapter 93A, including potential double or treble damages
Ellen faces potential consequences under two separate legal frameworks. First, the Massachusetts Board of Registration may discipline her license under MGL Chapter 112 for making a false or misleading statement in advertising, which constitutes conduct unworthy of a licensee. Second, she faces civil liability under MGL Chapter 93A for engaging in an unfair or deceptive act in trade or commerce. Because she knew the commute time claim was false, the violation may be deemed willful, potentially entitling the injured buyer to double or treble damages plus attorney's fees under Chapter 93A Section 9.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
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