Legal Question in Consumer Law in Massachusetts

Recovering a Deposit

I mailed a deposit From Massachusetts of $100,000.00 subject to agreeable contract between a Boat Builder and myself. The Contract was never consummated. They have not returned my money. What is my recourse and can I litigate in Massachusetts? If I prevail will I be able to collect interest, Legal fees and consequential damages?


Asked on 11/11/06, 11:11 am

2 Answers from Attorneys
Dmitry Lev The Lev Law Firm

Re: Recovering a Deposit

You mentioned that "the contract was never consummated." Does the boat builder think otherwise? If a contract in fact exists, it could potentially govern the forum for litigation, as well as who is responsible for interest, legal fees, and other damages. Otherwise damages would be determined by the specifics of your case. You may have rights under the Massachusetts Consumer Protection Act, Chapter 93A, which in certain instances entitles you to three times the damages. Feel free to contact my office for a free consultation about this matter.

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Answered on 11/13/06, 12:04 pm

Re: Recovering a Deposit

A copy of the contract, if there is one written, may impact the forum selection for litigation, otherwise massachusetts is a proper and convenient forum fo rthis matter to be heard. The elements of damages available will be based on the particulars of the breach - ie. was it a simple contract failure or was there fraud involved? Please contat me if you wish to discuss the details of your matter.

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Answered on 11/11/06, 12:19 pm


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