Massachusetts Appeals Court Clarifies How Negligent Misrepresentation Can Support Chapter 93A Liability

On Aug. 7, 2026, the Appeals Court of Massachusetts vacated a Chapter 93A judgment in Antokal v. Spring Valley Country Club, Inc., holding that the trial court’s findings were insufficient to establish liability based on negligent misrepresentation.

Plaintiffs Alan Antokal and Steven Robinson sued defendants 25 Tiot Holdings and the Cape Club of Sharon — formerly known as Spring Valley Country Club — asserting, among other claims, unfair or deceptive trade practices under Chapter 93A. The claims arose from alleged oral representations by the defendants’ representatives that they would assume liability for, and resolve, a pending Tips Act lawsuit in which the plaintiffs were named defendants. Relying on those representations, Robinson signed a deed in lieu of foreclosure conveying the Spring Valley Country Club property to 25 Tiot, cancelling approximately $6.18 million in debt. The defendants subsequently failed to honor their representatives’ promise, leaving the plaintiffs to bear the costs of defending the Tips Act lawsuit on their own.

The trial judge found that the defendants willfully and knowingly violated Chapter 93A through their negligent misrepresentations and awarded $2,434,095.51 in treble damages and $832,686.70 in attorney’s fees and costs to the plaintiffs…

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