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Practice Of Real EstateLicense LawHARD

A Massachusetts licensed salesperson, Angela, is affiliated with broker firm XYZ Realty. Angela is found to have violated Chapter 93A by engaging in deceptive advertising practices. A buyer sues Angela and XYZ Realty under Chapter 93A and prevails. The court finds that Angela's conduct was a willful and knowing violation. Under Massachusetts Chapter 93A, what damages may the court award the buyer?

Correct Answer

D) Double or treble actual damages plus reasonable attorney's fees and costs

Under MGL Chapter 93A, Section 9, when a court finds that a violation was willful or knowing, it must award double or treble the amount of actual damages. Additionally, Chapter 93A mandates an award of reasonable attorney's fees and costs to the prevailing plaintiff. This makes Chapter 93A a powerful consumer protection tool against deceptive real estate practices.

Answer Options
A
Actual damages only, because punitive damages are not available under Massachusetts law
B
Actual damages plus a fixed statutory penalty of $25,000 per violation
C
Actual damages plus attorney's fees, but not punitive multipliers, because Angela is a licensed professional
D
Double or treble actual damages plus reasonable attorney's fees and costs

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Related Topics & Key Terms

Key Terms:

chapter_93atreble_damageswillful_violationattorney_fees

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.

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