GILMORE v. BRADGATE ASSOCS.

No. 90-344.

135 N.H. 234 (1992)

BARBARA D. GILMORE AND WILLIAM C. GILMORE v. BRADGATE ASSOCIATES, INC. & a.

Supreme Court of New Hampshire.

February 24, 1992.


Attorney(s) appearing for the Case

Barbara D. Gilmore, of Boston, Massachusetts, by brief and orally, for the plaintiffs.

Law Offices of David J. KillKelley P.C., of Laconia (David J. KillKelley on the brief and orally), for the defendant Laconia Investment Properties, Inc.

John P. Arnold, attorney general (Terry L. Robertson, senior assistant attorney general, on the brief), by brief for the State, as amicus curiae.


THAYER, J.

The United States District Court for the District of New Hampshire (Devine, C.J.) has certified the following question of law for our consideration under Supreme Court Rule 34: "Does RSA 358-A:3 I preclude a Consumer Protection Act claim against a condominium seller and developer?" We answer in the negative.

The relevant facts are as follows. In January 1987, the plaintiffs contracted to purchase a cape-style condominium located in Laconia...

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