G.L. c. 260, §§ 2A, 12; G.L. c. 231, § 85J; Mass. R. Civ. P. 9(b)
Fraud and deceit in Massachusetts — three years, Rule 9(b), and a treble-damages statute
A claim in Massachusetts trial courts · Last verified August 26, 2026
Fraud is pleaded constantly and proved rarely, and in Massachusetts the reasons are procedural as much as substantive. Rule 9(b) requires particularity, so a vague allegation fails before the evidence is reached. And a court must find an actual intent to deceive, not carelessness — that is a different claim.
The provision most often missed is G.L. c. 231, § 85J, one sentence long: "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."
What the claim is
Someone lied to you — or hid something they had a duty to tell you — to get you to act, and you acted, and it cost you.
Where the right comes from
Common law, with the treble-damages provision for fraudulent sales in G.L. c. 231, § 85J.
What a plaintiff has to prove
- A false representation of a material fact;
- Knowledge of its falsity — or that it was made recklessly, as of the defendant's own knowledge, without knowing whether it was true;
- Made to induce the plaintiff to act;
- Reasonable reliance by the plaintiff; and
- Damage resulting.
Element two is what separates fraud from negligent misrepresentation. Fraud requires scienter. Getting it wrong carelessly is the other claim, and it has a lower bar and a smaller recovery.
Silence as fraud
Massachusetts does not impose a general duty to volunteer information in an arm's-length transaction. Silence becomes actionable where a duty to speak exists, and there are three recurring routes:
A fiduciary or confidential relationship, which imposes a duty of full disclosure. See breach of fiduciary duty.
A partial disclosure. Someone who chooses to speak must tell the whole truth. A half-truth that creates a false impression is a misrepresentation.
A statutory duty, and there are many — the residential property disclosure obligations, the lead-paint requirements, the consumer regulations that make non-disclosure an unfair or deceptive act under chapter 93A.
Rule 9(b)
Mass. R. Civ. P. 9(b) requires that "in all averments of fraud, mistake, duress or undue influence, the circumstances constituting fraud, mistake, duress or undue influence shall be stated with particularity."
In practice a complaint has to say who made the statement, what they said, when and where, and why it was false. A pleading that alleges the defendant "made false representations regarding the condition of the property" and stops there will be dismissed, and often is.
Knowledge and intent may be averred generally. It is the circumstances of the fraud that need particularity.
How long you have to file
Three years under G.L. c. 260, § 2A.
The discovery rule applies, and it matters more here than in most torts — a well-executed fraud is designed not to be discovered. The period runs from when the plaintiff knew or reasonably should have known of the misrepresentation.
Fraudulent concealment tolls it. G.L. c. 260, § 12 provides that where a person liable to an action "fraudulently conceals the cause of such action from the knowledge of the person entitled to bring it," the period runs from the time of discovery.
But § 12 does not extend a statute of repose. A repose period — for example the seven-year malpractice repose, or the six-year period for improvements to real property under G.L. c. 260, § 2B — is an absolute outer limit that concealment does not move. The distinction between tolling a limitations period and extending a repose period decides real cases.
A 93A claim on the same facts gets four years under G.L. c. 260, § 5A, which is why a fraud that surfaces late is often pleaded as a chapter 93A claim instead.
What has to happen before you file
Nothing — except a 93A demand letter if a 93A count is included and the exemptions do not apply.
What the claim pays
Out-of-pocket loss, or benefit-of-the-bargain damages — the difference between what was promised and what was received. Massachusetts allows the benefit-of-the-bargain measure in an appropriate case, which is generally the larger figure.
Rescission, as an alternative to damages, unwinding the transaction.
Treble damages under § 85J, where the fraud was in the sale of personal property. The statute is not discretionary: a seller who by deceit or fraud sells personal property "shall be liable in tort to a purchaser in treble the amount of damages sustained." Note its limits — it protects a purchaser, and it applies to personal property, not real estate and not services. Within those limits it is the strongest remedy on this page, and it is regularly overlooked.
Chapter 93A relief. Fraud in trade or commerce is an unfair or deceptive act. That brings double or treble damages on a willful or knowing violation and mandatory attorney's fees — which the common-law claim does not carry.
Twelve percent statutory interest, which in tort runs from the commencement of the action rather than from the misrepresentation.
No punitive damages at common law.
No attorney's fees on the common-law claim.
Who can be sued
The person who made the false statement. An officer or employee is personally liable for their own fraud, whatever the corporation's involvement — the corporate form does not shield a person from their own tort.
The corporation, where the statement was made by an agent within the scope of authority.
A person who aided the fraud, on concerted-action or conspiracy theories, which carry the underlying tort's three-year period.
Common defenses
- The statement was true, or was substantially true.
- Opinion, not fact. Predictions, valuations and sales talk are not statements of fact.
- Puffery — general commendation a reasonable buyer would not rely on.
- No scienter. The defendant believed the statement, which converts the claim to negligent misrepresentation at best.
- No reliance, or unreasonable reliance — including where the plaintiff investigated and relied on their own inquiry, or where a written agreement contradicted the statement.
- Rule 9(b) particularity failure.
- Limitations, and the repose question where a repose period applies.
What people get wrong
Silence can be fraud — where a duty to speak exists, and a partial disclosure creates one.
Vague fraud pleading fails. Rule 9(b) is enforced, and the who, what, when, where and why have to be in the complaint.
Sales talk is not fraud. Opinion and puffery are not statements of fact.
Section 85J trebles damages for a fraudulent sale of personal property — mandatory, on a claim plaintiffs and their lawyers routinely miss.
Concealment tolls limitations but not repose. The two are different, and only one moves.
Fraud pays no fees; 93A does. On facts that support both, the statutory claim carries the economics.
Where it came from
Deceit is one of the oldest actions in the common law, and its elements have barely changed: a lie, told knowingly, meant to be acted on, acted on reasonably, causing loss.
What has changed in Massachusetts is everything built around it. Rule 9(b) raised the pleading bar, on the theory that an accusation of dishonesty should not be made loosely. Section 85J added a mandatory treble remedy for the specific case of a fraudulent seller — a nineteenth-century consumer protection statute that predates the modern ones and still works. And chapter 93A eventually absorbed most of the field, because it reaches the same conduct with a longer limitations period, a lower fault standard and a mandatory fee award.
The result is a claim that remains central to Massachusetts pleading and rarely stands alone. Fraud is what a plaintiff proves; 93A is usually what a plaintiff collects on.
Common questions
How long do I have to sue for fraud in Massachusetts?
Three years from when you knew or should have known of the fraud, and fraudulent concealment can extend that. A 93A claim on the same facts gets four years.
Can silence be fraud?
Yes, where a duty to disclose exists — a fiduciary relationship, a partial disclosure that creates a false impression, or a statutory duty.
What is Rule 9(b)?
The requirement that fraud be pleaded with particularity: who said what, when, where, and why it was false.
Can I get triple damages?
Yes, if the fraud was in the sale of personal property — G.L. c. 231, § 85J makes treble damages mandatory for a purchaser. A 93A claim can also carry double or treble damages.
Can I recover attorney's fees?
Not on the common-law claim. Chapter 93A is the route to mandatory fees.
What if I could have checked and did not?
Reliance must be reasonable, and a defendant will argue that an investigation you performed or should have performed defeats it.