Relation to Other Laws

(1) (a) A failure to comply with the provisions of 760 CMR 74.03(3) shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce under M.G.L. c. 93A, § 2 if undertaken by a Person acting in a business context, such as a Real Estate Salesperson or Real Estate Broker. Nothing in 760 CMR 74.05(1)(a) shall be deemed to impose liability on a homeowner or purchaser participating in the isolated sale of a private home for residential use and not undertaken in a business context. (b) A violation of 760 CMR 74.03(1) and (2) or 760 CMR 74.03(4) mayconstitute an unfair or deceptive act or practice in the conduct of a trade or commerce under M.G.L. c. 93A, § 2 if undertaken by a Person acting in a business context, such as a Real Estate Salesperson or Real Estate Broker. Nothing in 760 CMR 74.05(1)(b) shall be deemed to impose liability on a homeowner or purchaser participating in the isolated sale of a private home for residential use and not undertaken in a business context. (2) A violation or failure to comply with the provisions of 760 CMR 74.03 by a Real Estate Broker or Real Estate Salesperson licensed under M.G.L. c. 112, §§ 87PP through 87DDD may constitute a violation for which the board of registration of real estate brokers and salesmen may take action as authorized pursuant to M.G.L. c. 112, 254 CMR 2.00: Licensure and 254 CMR 3.00: Professional Standards of Practice. (3) In an action for damages brought against a Seller within one year from the date of the first written contract, the Seller's failure to comply with 760 CMR 74.03(3) may be evidence of the Seller's intent to misrepresent or conceal a material fact in a real estate transaction.