Home Developers Beware: Mass. Appeals Courts Finds Chapter 93A Liability Beyond Contractual Disclosure Requirements

In Tries v. Cricones, home buyers prevailed at trial on their claims against home developers and sellers. Plaintiffs sued because defendants' failed to disclose that the buyers' yard was contaminated by Japanese knotweed, large shards of glass, and metal debris. A jury found for the plaintiffs on their private nuisance, breach of the implied covenant of good faith and fair dealing, and Chapter 93A, Section 9 claims. The trial judge denied the defendants' motion for a directed verdict and awarded the plaintiffs' their damages, attorneys' fees, and costs.

On appeal by the defendants, the Appeals Court concluded that the trial judge should have granted the defendants' motion for a directed verdict on the plaintiffs' private nuisance and breach of the implied covenant of good faith and fair dealing claims. As to private nuisance, the claim requires a claimant to have an interest in the property and the "invasion" causing the nuisance must "come from beyond, usually