Under Massachusetts law, what can a buyer sue for if an agency fails to disclose a material fact?

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In Massachusetts, if an agency fails to disclose a material fact during a real estate transaction, the buyer can seek triple damages as a legal remedy. This triple damages rule is outlined in Massachusetts General Laws, specifically in the context of the Consumer Protection Act. The rationale behind allowing for triple damages is to serve as a deterrent against deceptive practices in real estate transactions and to provide a stronger incentive for agents to disclose all material facts accurately.

Punitive damages are typically awarded in cases involving gross misconduct or fraud but may not specifically apply in every case of failure to disclose. Compensatory damages only cover the actual loss incurred by the buyer, which does not reflect the intention to penalize the agency for the nondisclosure. Double damages might refer to other legal provisions but are not applicable in this context for real estate nondisclosure. Therefore, the correct legal remedy under Massachusetts law emphasizes the consumer's protection, allowing for triple damages to encourage transparency and accountability in real estate dealings.

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