Overview
Toll Brothers operates in the greater Boston area and suburban Massachusetts, building luxury single-family homes, townhomes, and condominiums. The company's City Living division has also developed urban condominium projects in the Boston market.
Massachusetts is notable in the Toll Brothers legal landscape due to the First Circuit's Kozikowski v. Toll Bros. decision and the DOJ's 2024 Fair Housing Act complaint, which cited Massachusetts properties. The state's consumer protection statute (Chapter 93A) is among the strongest in the country and provides a significant legal backdrop for evaluating builder contract terms.
How Massachusetts Law Affects Your Contract
The following analysis examines how Toll Brothers's documented contract patterns interact with Massachusetts consumer protection law.
Chapter 93A Consumer Protection and Builder Practices
Massachusetts General Laws Chapter 93A prohibits unfair or deceptive acts in trade or commerce and provides for treble damages and attorneys' fees. This statute is among the most powerful consumer protection laws in the country. Toll Brothers' limitation of liability provision (DAM-001) cannot waive Chapter 93A protections. Deceptive practices during the home sale process, including misleading representations about quality or warranty coverage, may give rise to 93A claims.
Implied Warranty of Habitability in Massachusetts
Massachusetts recognizes an implied warranty of habitability in new home construction. Toll Brothers' restrictive warranty (WAR-001), which limits structural coverage and designates the warranty as the sole remedy, must be evaluated alongside this implied warranty. Massachusetts courts have held that the implied warranty provides protections that may exceed the builder's express warranty.
Arbitration Under Massachusetts Law
Massachusetts courts evaluate arbitration clauses under the FAA and the Massachusetts Arbitration Act (M.G.L. Chapter 251). Toll Brothers' one-sided arbitration provision (ARB-001) may be subject to challenge on unconscionability grounds. Massachusetts courts have examined whether arbitration agreements in consumer adhesion contracts are enforceable when they lack mutuality.
Fair Housing Act Compliance at Massachusetts Properties
The DOJ's 2024 Fair Housing Act complaint cited Massachusetts Toll Brothers apartment complexes among the 14 properties alleged to have accessibility design violations. The Kozikowski case also documented building code violations at a Toll Brothers home in Franklin, Massachusetts. Buyers should be aware of this history when evaluating purchases.
Massachusetts Legal History
Selected cases and investigations involving Toll Brothers in Massachusetts.
Kozikowski v. Toll Bros., Inc.
Buyers of a luxury home in Franklin, Massachusetts, brought claims for deceit and breach of express warranty after a town building inspection revealed eighteen building code violations. The First Circuit affirmed summary judgment for Toll Brothers on statute of limitations grounds, though the case documented allegations of persistent code violations.
United States v. Toll Brothers, Inc. (Fair Housing Act — Massachusetts Properties)
The DOJ's Fair Housing Act complaint cited Massachusetts Toll Brothers apartment complexes among 14 properties alleged to have failed to meet accessibility design requirements for persons with disabilities.
What Massachusetts Buyers Should Know
- Leverage Chapter 93A's strong consumer protections. Massachusetts Chapter 93A provides treble damages and attorneys' fees for unfair or deceptive practices. These protections cannot be waived by contract and apply regardless of the builder's limitation of liability clause (DAM-001).
- Understand Massachusetts implied warranty protections. The implied warranty of habitability in new construction provides protections beyond the builder's express warranty (WAR-001). Massachusetts courts have recognized that this implied warranty cannot be easily disclaimed.
- Request a municipal building inspection. The Kozikowski case documented eighteen building code violations at a Massachusetts Toll Brothers home discovered during a town inspection. Consider requesting a municipal inspection in addition to hiring a private inspector.
- Verify accessibility compliance for multi-family purchases. The DOJ's Fair Housing Act complaint cited Massachusetts Toll Brothers properties for alleged accessibility violations. Buyers of condominiums and apartment units should verify compliance with federal accessibility requirements.
- Compare financing options in the Boston metro market. Boston's competitive lending market offers numerous alternatives to Toll Brothers Mortgage (LEN-001). Compare total loan costs over the full term, not just upfront incentives.