The Massachusetts Consumer Protection Act (M.G.L. c. 93A) prohibits “unfair or deceptive acts or practices in the conduct of any trade or commerce.” This law applies to persons engaged in business transactions, including brokers, salespersons, and builders selling homes.
However, a private homeowner selling their own home without engaging in trade or commerce is exempt. Courts have consistently held that Chapter 93A applies to persons “engaged in business” and does not cover purely private, non-business transactions such as a homeowner selling their own single residence.
Thus, while brokers, agents, and even builders are covered by c. 93A (even if they build/sell fewer than ten homes), a private owner selling without brokerage or business involvement is exempt.
[Reference: M.G.L. c. 93A, § 1; Massachusetts Real Estate Candidate Information Bulletin – Consumer Protection Law., ]
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