Mass. Court Dismisses Homebuyers' Consumer Protection Act Claim

SALEM, Mass. - A Massachusetts trial court has dismissed homebuyers' Consumer Protection Act claim against the couple who sold them their home, ruling that it was a personal rather than commercial transaction. Grossman v. Pouy, No. 06-1429 (Mass. Super. Ct., Essex Cty.).

The Essex County Superior Court denied summary judgment on negligent misrepresentation and other counts, however, saying in its April 4 order that genuine issues of material fact exist.

Ira Grossman and Gail Wilson allege that Frederick and Patricia Pouy and the Pouys' real estate agent and broker misrepresented the condition of a house purchased by the Grossmans in …