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QUINLAN v. CLASBY

No. 06-P-1500.

71 Mass. App. Ct. 97 (2008)

BRIAN J. QUINLAN & another v. RICHARD J. CLASBY & another.

Appeals Court of Massachusetts, Suffolk.

January 25, 2008.

Attorney(s) appearing for the Case

Michael J. Traft for O'Kiley Real Estate Agency, Inc.

Chaz R. Fisher for the plaintiffs.

Robert S. Kutner, for Massachusetts Association of Realtors, amicus curiae, submitted a brief.

Present: PERRETTA, GELINAS, & KANTROWITZ, JJ.

KANTROWITZ, J.

Defendant O'Kiley Real Estate Agency, Inc. (O'Kiley or broker) appeals from a judgment of the Superior Court finding liability for unfair and deceptive acts or practices under G. L. c. 93A. Two points are raised on appeal: that a real estate broker cannot be held liable under G. L. c. 93A for advertising a house as a three-family dwelling when, in actuality and without the broker's knowledge, the home as configured

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