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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 4458

Citation
§ 4458
Parent Document
Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien, 2015 VT 132 (2015)
Jurisdiction
Vermont (state)
Effective Date
2015-10-23

Other Sections in This Document (475)

Full Text

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          We pointed out in Bisson that “[c]ourts in other jurisdictions have also concluded that
their consumer protection statutes apply to the landlord-tenant relationship.” 160 Vt. at 350, 628
A.2d at 1261. We note that some courts in other jurisdictions have held otherwise. See, e.g.,
Carlie v. Morgan, 922 P.2d 1, 6 (Utah 1996) (concluding that state consumer-protection law
“does not provide a remedy in the instant case where plaintiffs are seeking damages caused by
the uninhabitable condition of their apartments”); State v. Schwab, 693 P.2d 108, 113-14 (Wash.
1985) (holding that residential landlord-tenant problems are within exclusive purview of
Residential Landlord-Tenant Act, and that violations of that Act do not constitute violations of
Consumer Protection Act).
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        ¶ 29.   In Carter v. Gugliuzzi, which concerned a suit against a real estate agent, we cited