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Jan 6 2011

Can we collect damages for real estate misrepresentation in MA?

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ADDITIONAL INFORMATION:

What are allowable damages for real estate misrepresentation under Massachusetts law? We signed a P & S with the sellers which had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money. What are my legal rights?

ATTORNEY ANSWER:
You can either sue to enforce the agreement which would be a breach of contract action for specific performance or simply sue to obtain a return of your deposit. You should check the provisions of the purchase and sale agreement closely to determine if these issues are addressed in the agreement. If the Seller is a business, you could have possible double or triple damages and attorney’s fees available to you.

Massachusetts Real Estate Attorney Alan Segal serves the Greater Boston region and all of Massachusetts in real estate law, business law, and estate planning including Acton Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester.

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