NEI v. BURLEY


388 Mass. 307 (1983)

446 N.E.2d 674

PHILIP NEI & another vs. JUSTIN W. BURLEY & others.

Supreme Judicial Court of Massachusetts, Essex.

March 4, 1983.


Attorney(s) appearing for the Case

James A. Frieden for the plaintiffs.

Brian T. Callahan for Justin W. Burley & another.

Robert S. Kutner for Milldam Associates, Inc.

Philip S. Lapatin, for Massachusetts Association of Realtors, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The plaintiffs (buyers) purchased a house lot in Carlisle from the defendants Justin and Beatrice Burley (sellers) who had engaged the defendant Milldam Associates, Inc. (broker), to market the lot. In their complaint, the buyers allege that the sellers and the broker represented to them that the land was suitable for a house and that it passed percolation and high water tests which were taken in August, 1978; that both the sellers and broker knew but did...

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