133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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[11] The judge
did find that 133 West Main violated the implied warranty of habitability due
to the presence of lead paint in the home and awarded damages for that breach.  However, it is clear from the judge's
findings and rulings that the breach of the implied warranty was limited to the
lead paint issue and did not pertain to the c. 93A violation that is the
subject of this appeal.  Indeed, neither
party addresses the judge's implied warranty of habitability determination, and
the Kimballs do not claim in their appellate brief that that violation could
have served as the basis for the c. 93A damage award.  Such an argument would have been futile, in
any event, where the judge explicitly found that (1) the c. 93A violation
stemmed from the failure to reduce the Kimballs' agreement to pay utilities to
writing, and (2) this violation did not constitute a violation of the covenant
of quiet enjoyment.

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