Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85J (2026)

Fraud or deceit in sale of personal property; treble damages

✓ current as of July 2026

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Section 85J. Whoever, by deceit or fraud, sells personal property shall be liable in tort to a purchaser in treble the amount of damages sustained by him.

Notes of Decisions

Cited in 28 cases (2 in the last 5 years), 1978–2023 · leading case: City Coal Co. of Springfield, Inc. v. Noonan, 434 Mass. 709 (Mass. 2001).

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City Coal Co. of Springfield, Inc. v. Noonan, 434 Mass. 709 (Mass. 2001). · cites it 8× “9 After finding a financial loss in the amount of $50,000, the trial judge ruled, “The sale [of an employment contract] was therefore in violation of [G. L. c. 231, § 85J], It follows that Noonan is entitled to treble damages by virtue of that statute, plus attorney’s fees by…”

Briggs v. Carol Cars, Inc., 553 N.E.2d 930 (Mass. 1990). · cites it 5× “Those two claims allege violations of G. L. c. 231, § 85J (1988 ed.), and c. 93A, § 9 *392 (1988 ed.”

Skowronski v. Sachs, 818 N.E.2d 635 (Mass. App. Ct. 2004). · cites it 2× “The misrepresentation, coupled with the defendant holding *634 himself out as a certified appraiser and failing to disclose to the plaintiff that he was not qualified to certify the grade of diamonds, belie his related argument that he could not be found liable under G. L. c.…”

Abelson v. Strong, 644 F. Supp. 524 (D. Mass. 1986). · cites it 4× “, M.G.L. c. 231, § 85J, and common law fiduciary duty.”

McEvoy Travel Bureau, Inc. v. Norton Co., 563 N.E.2d 188 (Mass. 1990). “Indeed, in connection with another multiple damages statute, G. L. c. 231, § 85J (1988 ed.), we implicitly have accepted the principles stated in the Makino decision on prejudgment interest by noting that “[w]e agree with the defendant that interest on the multiple damages…”

Baybank Middlesex v. 1200 Beacon Props., Inc., 760 F. Supp. 957 (D. Mass. 1991). · cites it 2× “93A claim, a securities fraud claim for violation of section 10(b) and rule 10b-5 of the Securities and Exchange Act of 1934 (the “Exchange Act”), and a Mass. Gen.L. ch. 231, § 85J claim. Jurisdiction of this Court is founded on the Exchange Act, 15 U.”

Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983). “214, § 3A, G.L.c. 231, § 85J, G.L.c. 93, §§ 21, 42, and G.”

Hamed v. Fadili, 556 N.E.2d 1020 (Mass. 1990). “The plaintiff sought treble damages against the defendants pursuant to G. L. c. 231, § 85J, inserted by St. 1971, c.”

Hampshire Vill. Assocs. v. Dist. Court of Hampshire, 408 N.E.2d 830 (Mass. 1980). “221, § 51 (attorney’s failure to relinquish client’s money on demand); *151 G. L. c. 231, § 85J (fraud or deceit in sale of personal property); G.”

Margaret Hall Found., Inc. v. Atl. Fin. Mgmt., Inc., 572 F. Supp. 1475 (D. Mass. 1983). “The “in connection with” requirement should be contrasted with the requirements of a statute such as Mass.Gen.Laws ch. 231 § 85J, which gives a purchaser a cause of action against anyone who “by deceit or fraud, sells personal property .”

Mahaney v. John Hancock Mut. Life Ins., 380 N.E.2d 140 (Mass. App. Ct. 1978). “Since the unreasonableness of Mahaney’s reliance is a complete bar to the defendants’ liability for deceit, we need not decide upon the correctness of the reasons given by the judge for concluding that the defendants were not so liable or of his ruling that the measure of…”

Howard v. IKO Mfg., Inc., 2011 Mass. App. Div. 191 (Mass. Dist. Ct., App. Div. 2011). “Howard’s eight-count complaint includes claims of negligence, strict products liability, breach of express and implied warranties, fraudulent concealment, breach of contract, unjust enrichment, and violations of G.L.c. 231, §85J. Howard’s complaint was served on IKO by certified…”

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