Lantner v. Carson
Massachusetts Supreme Judicial Court
373 N.E.2d 973 (1978)
- Written by Sharon Feldman, JD
Facts
John Carson (defendant) agreed to sell his home to Gary Lantner (plaintiff). Carson represented that damage to the ceilings resulted from a defective roof that had been repaired and the fireplace worked but was stuffed with paper to avoid drafts. The written purchase-and-sale agreement was made subject to “water turned on, well functional, and water quality tests acceptable.” After Lantner moved in, he discovered that the roof had not been repaired and the fireplace had been reconstructed from newspaper. Lantner repaired the defects and sent Carson a demand for relief under the Massachusetts Consumer Protection Act (CPA). When Carson did not respond, Lantner brought an action seeking treble damages and other relief in connection with the repairs. Carson’s motion to dismiss the complaint was granted. On appeal, Lantner argued that the remedial provisions of the CPA apply when the consumer transaction is the sale of a private home.
Rule of Law
Issue
Holding and Reasoning (Hennessey, C.J.)
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