Key Takeaways
- Massachusetts Chapter 93A prohibits unfair and deceptive acts in trade or commerce
- Real estate professionals are subject to 93A for their business practices
- Violations can result in double or triple damages (treble damages)
- Consumers must send a demand letter before filing suit under 93A
- The 30-day response period gives businesses opportunity to settle
Last updated: January 2026
Consumer Protection Act (Chapter 93A)
Massachusetts General Laws Chapter 93A is a powerful consumer protection law that applies to real estate activities.
Overview of Chapter 93A
Purpose
| Goal | Description |
|---|---|
| Consumer protection | Protect against unfair practices |
| Business regulation | Set standards for commerce |
| Private enforcement | Allow individual lawsuits |
| Strong remedies | Multiple damages available |
Scope
| Applies To | Description |
|---|---|
| Trade or commerce | Business activities |
| Real estate services | Brokerage activities |
| Advertising | Marketing practices |
| Contracts | Business dealings |
Unfair and Deceptive Acts
What Violates 93A
| Violation Type | Examples |
|---|---|
| Misrepresentation | False property statements |
| Deception | Misleading advertising |
| Unfair practices | Taking advantage of consumers |
| Fraud | Intentional deceit |
| Failure to disclose | Material facts hidden |
Real Estate Examples
| Practice | Why It Violates 93A |
|---|---|
| Hidden defects | Failure to disclose |
| Bait and switch | Deceptive advertising |
| Undisclosed dual agency | Lack of transparency |
| False property claims | Misrepresentation |
| Steering | Unfair practice |
The 30-Day Demand Letter
Required Process
Before filing a 93A lawsuit, consumers must:
| Step | Requirement |
|---|---|
| 1. Send letter | Written demand to business |
| 2. Describe violation | What unfair act occurred |
| 3. Demand relief | What consumer wants |
| 4. Wait 30 days | For response |
Business Response Options
| Response | Consequence |
|---|---|
| Settle claim | Avoid lawsuit |
| Make reasonable offer | May limit damages |
| Ignore letter | Consumer can sue |
| Deny wrongdoing | Consumer can sue |
KEY EXAM POINT: The 30-day demand letter is REQUIRED before a consumer can file a Chapter 93A lawsuit.
Damages and Remedies
Available Remedies
| Remedy | Description |
|---|---|
| Actual damages | Real financial loss |
| Double damages | 2x if willful violation |
| Triple damages | 3x if knowing/willful |
| Attorney fees | Winning party's costs |
| Court costs | Filing fees, etc. |
Treble Damages
When triple damages apply:
| Requirement | Description |
|---|---|
| Willful violation | Intentional wrongdoing |
| Knowing violation | Aware of violation |
| Refusal to settle | After demand letter |
| Bad faith | Acting dishonestly |
Protection for Licensees
Avoiding 93A Liability
| Best Practice | Protection |
|---|---|
| Full disclosure | No hidden issues |
| Accurate advertising | No false claims |
| Written documentation | Proof of compliance |
| Proper agency disclosure | Clear relationships |
| Fair dealing | Honest practices |
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Test Your Knowledge
What must a consumer do before filing a Chapter 93A lawsuit in Massachusetts?
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Test Your Knowledge
What damages can a consumer receive for a willful and knowing violation of Chapter 93A?
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