V.S.H. Realty, Inc. (V.S.H.) (plaintiff) contracted to purchase a bulk storage petroleum facility from Texaco, Inc. (Texaco) (defendant). V.S.H. agreed to purchase the property “as is.” During negotiations, V.S.H. repeatedly asked Texaco about oil leakage on the property. In the sales contract, Texaco disclosed oil seepage in the boiler room of the facility. Approximately one month after the parties signed the contract, V.S.H. representatives were on the property and noticed oil seepage on multiple additional parts of the property. When Texaco refused to return V.S.H.’s down payment, V.S.H. brought suit for common law misrepresentation and violation of a Massachusetts statute prohibiting unfair and deceptive business practices. The district court dismissed V.S.H.’s claims. V.S.H. appealed.