Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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The defendants contend that the advertising materials upon which the plaintiffs rely cannot form the basis of an actionable misrepresentation claim because they are dated after the complaint was filed in this case. There is a factual dispute as to whether the defendants also made these representations in advertising materials that they provided to the plaintiffs prior to their purchase of the home. Moreover, the plaintiffs’ affidavits allege that the defendants specifically represented that the new home would be Energy-Star-compliant, but that it failed to obtain Energy-Star certification.

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