I just bought a new house two weeks ago and came home yesterday to find that my neighbor had a surveyor come out to find the property lines. My shed, half of my swingset and a good portion of the fence are on the neighbors property. Additionally, the former owner of my house threw alot of junk (wood, fencing etc) behind the fence and into the neighbor's property. The neighbor told me that he had a conversation with the seller of the house a while back and they had an agreement to get a survey, then talk about a solution to get the stuff off his property. Additionally, the former owner of my house indicated that he would be getting a trailer to haul away everything he had thrown onto the neighbor's property. None of this was disclosed to me when I bought the house. Can the seller be held liable under 93a or any other laws?
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Editor's Response
Chapter 93A, the Massachusetts Consumer Protection Act, applies to merchants and businesses, not to individuals. However, depending on what the real estate broker or agent knew, he or she may have had duty to disclose the defects. Also, depending on the amount of money involved, you may want to have an attorney review all of the documents related to the sale. The seller is probably not under an affirmative duty to disclose issues such as the one you describe, but he obviously knew of the problems, and if, anywhere in the sale documents or in a seller's disclosure statement, he made affirmative representations regarding the lack of encroachments, (or if he made any oral representations) that could be actionable fraud. For more information, visit our Massachusetts Real Estate Law Discussion Forum.