Hurley v. Chobee Hoy Associates Real Estate, Inc.

This is a civil action brought by sellers of real estate against the real estate brokers for the return of the brokers’ commission paid in connection with the sale of the plaintiffs’ property. The complaint proceeded on several theories, including G.L.C. 93A breach of fiduciary obligation, money had and received and a violation of G.L.C. 112, §87RR. A count for declaratory relief was dismissed essentially because of lack of subject matter jurisdiction. The principal gist of the action is the claim that the brokers breached their fiduciary duty to their customers by failing to disclose to them…