Help for Homeowners After a Home Purchase

It is common to hear the term "buyer beware" when purchasing a home.  This leads homeowners to falsely believe it is solely their fault if the home they purchased has defects.  However, the prospective homeowner does business with a variety of real estate professionals throughout the home buying process, such as real estate agents and brokers, home and pest inspectors, and home builders or developers.  These businesses and professionals owe the consumer a standard of care and cannot engage in unfair or deceptive behavior.  

In many cases, bad behavior by a real estate businesses or professional can violate the Massachusetts Consumer Protection Act.  Most commonly this occurs when real estate professionals misrepresent important information or fail to disclose facts to the home buyer which would have influenced the buyer to not purchase the home.  If you sue a real estate professional and the judge finds a violation of the Consumer Protection Act, then at the end of the case the judge can order the homeowner be paid 2 or 3 times the amount of their damages plus reimbursement for attorneys' fees and litigation costs. 

Examples of real estate professionals and unfair and deceptive acts that may be found to violate the Massachusetts Consumer Protection Act include: 

• Home Builders and Developers: There is no requirement that a home builder provide a "perfect" house.  However, when a new home is purchased directly from a builder, the consumer can sue for defects caused by the builder's improper design, material, or workmanship.  There is a limited warranty for hidden defects uncovered after the home is purchased that impact safety or habitability.  Common reasons homeowners sue home builders include structural issues, water leaks, and HVAC problems. 

• Home and Pest Inspectors: Home inspections can be one of the most important parts of the home buying process.  The home inspector is supposed to help the home buyer understand the condition of the home and identify any problems.  Uncovering this information helps the home buyer negotiate a fair price and make an informed decision about purchasing the home.  Homeowners can be left with expensive and unforeseen repairs when a home inspector doesn't conduct a thorough investigation or misses something that should have been identified.  Common reasons homeowners sue home inspectors include undisclosed water damage, roof issues, foundation defects, insect damage, and plumbing problems.  

• Real Estate Agents and Brokers: In Massachusetts real estate agents and brokers must follow professional standards of practice set by the Office of Consumer and Business Affairs.  In part, these regulations set standards for how agents and brokers engage with clients.  Breaking these rules can mean the agent or broker breaches a duty they owe to their client under the law.  These include a duty of loyalty, disclosure, confidentiality, accountability, and reasonable care and diligence.  Home buyers can also have claims against real estate agents and brokers for misrepresenting information.  Common reasons homeowners sue real estate agents include misrepresenting the condition of the property, failing to tell the home buyer information they know about the property, and failing to safeguard deposits.

The Massachusetts Home Improvement Contractor Law was created to protect homeowners and prevent them from being taken advantage of by bad contractors. It sets out a number of rules that businesses performing residential contracting must follow. These rules regulate business practices, advertising, contracts, payments, and more. 

Unfortunately, too many home improvement contractors don’t follow the rules and too often homeowners are left wondering what to do when they need to sue a contractor.  For example, a homeowner may need to file a lawsuit because a contractor performs shoddy work or a contractor abandons the job. Ignoring the problem won’t make it go away. Homeowners must take action quickly to preserve their rights. Homeowners who simply fire the contractor or stop payment without the help of a home improvement attorney can find themselves defending a lawsuit brought by a contractor for breach of contract.  

Massachusetts defines residential contracting as “the renovation, repair, improvement, demolition or construction of an addition to any pre-existing building containing at least one to four dwelling units.” With a few limited exceptions, anyone performing work matching this definition, which may include subcontractors, is considered a home improvement contractor who must follow the Massachusetts Home Improvement Contractor Law.  When contractors don't follow the law, homeowners have a right to sue the contractor for damages.

Buying a home is one of the most significant and typically the largest purchase a person will make.  If something goes wrong with your purchase, look for a lawyer who regularly litigates cases in court.  Many real estate lawyers are transactional lawyers, which is different than a litigator.  Transactional real estate lawyers focus on legal work that does not involve going to court.  

Homeowner lawsuits are a niche area of the law, which can leave homeowners unsure what kind of lawyer they need when something goes wrong after purchasing a home.  This is understandable because there are many different kinds of lawyers who practice different kinds of law.  If you believe you have been harmed by a bad real estate professional, such as a home builder, home inspector, or real estate agent, then look for a consumer protection law firm that focuses on home transactions.  When purchasing a home, the home buyer is a consumer in the real estate transaction.  The home buyer is also a consumer of the services provided by the real estate agent, home inspector, or contractor. 

Walckner Law Office is dedicated to helping consumers hurt by bad businesses.  We represent homeowners throughout Central and Western Massachusetts against real estate professionals or home improvement contractors.   As civil trial lawyers, we are ready to take your case to court if a reasonable settlement cannot be reached outside of litigation.  We offer a no cost initial case evaluation so you can learn about your rights and options if you think you've been harmed by the conduct of a real estate professional.