Attorney General Resolves Allegations of Consumer Protection Act Violation Against NH Real Estate Agent (revised)
released on September 22, 2017
found in newsletter: September 2017
Attorney General Gordon J. MacDonald announces that the Consumer Protection and Antitrust Bureau has resolved a civil enforcement action against real estate agent Linda Gray of Greenfield, NH for violating the New Hampshire Consumer Protection Act.
The State’s complaint alleged that Ms. Gray, in the course of representing the buyer of a house in Chesterfield, NH, falsified a water test report form to deceptively indicate that the house’s well water had been tested for arsenic and contained an extremely elevated level of arsenic. The State alleged that this deception allowed Ms. Gray’s client to secure a significant price reduction from the seller of the property. The State’s subsequent investigation determined that the well on the property does not have elevated arsenic levels and that the water testing company, whose form was falsified, did not perform any test for arsenic.
The Consumer Protection Act prohibits any unfair or deceptive act or practice in the conduct of trade or commerce within this state.
Ms. Gray agreed to resolve the allegations through a settlement agreement, which was filed with the civil enforcement complaint in the Hillsborough County Superior Court – Northern Division. The court approved the settlement agreement on September 20, 2017. Under the terms of the settlement, Ms. Gray shall pay $5,000 restitution to the seller of the Chesterfield property. Additionally, Ms. Gray is ordered pay civil penalties of $1,500 and reimburse the State $1,500 towards the cost of the investigation and prosecution of this case. This settlement agreement does not constitute an admission of liability by Ms. Gray.
The Attorney General’s Consumer Protection and Antitrust Bureau staffs a consumer hotline at 1-888-468-4454. Consumers can also file a complaint with the Bureau online at http://doj.nh.gov/consumer/complaints/index.htm.
Original Press Release