We had a signed purchase and sale for a house which had multiple items that were supposed to be completed by the seller and a few of which had a weather contingency. One item in the P&S was the removal of an underground oil tank and removal of any contamination - clearly stated in the P&S. Other items had no weather clause and this work was not performed. A couple weeks before the closing the sellers provided us with unsigned estimates for the work and these estimates specifically excluded the removal of any contaminated material. Additionally, after the P&S was signed and the appraisal performed we were told that the house would need a new water line and we might be without water for a short period several month after the purchase while the new line was installed. The need for a new water line is due to the sellers subdividing the lot and selling the adjacent lot to a developer. This was disclosed three weeks before closing and it wasn't clear until about a week before closing that the connection point to the house would be different. Their estimate for the water line work only covered running the line to the house and would not cover any plumbing work on the inside of the house. The house is on a concrete slab and connecting the new water line would require extensive interior work such as jackhammering the slab to expose the plumbing then bringing everything up to code (likely > $50k) that we would have been responsible for and we did not agree to this verbally or by an ammendment to the P&S. Finally the only work that was allegedly done was by a family member of the estate who is not a licensed contractor and the 'invoice' was submitted to us less than 24 hours prior to closing. We requested all receipts be delivered 3 days prior to closing but their actions prevented us from getting an inspector in to check the work.

Through multiple emails, the sellers (an estate sale) indicated the work would be completed closer to closing and never indicated the work would not be completed. They refuse to return our deposit money and we will have to sue them to get it returned. We refused to take the deed on the house, they countered with a price reduction but refused to complete the work prior to closing. We offered to purchase the home with the stipulation that the work be completed prior to closing but they refused.

Does this situation appear to be a fraud/misrepresentation claim under MA law, and are the legal fees that I have to pay an attorney to recover the deposit and file a misrepresentation suit allowable damages? What other damages may be allowable and what is excluded? I read a previous post regarding triple damages for misrepresentation - when does this apply?

Thanks!