A Connecticut seller misrepresented the condition of the property's foundation to the buyer during negotiations. The buyer relied on the misrepresentation, purchased the property, and later discovered significant foundation damage requiring $40,000 in repairs. The buyer wants to pursue the maximum available remedies. Under Connecticut law, which combination of remedies is potentially available to the buyer?
Correct Answer
D) Compensatory damages for repair costs under contract law, and a CUTPA claim for the deceptive practice with potential attorney's fees
Under Connecticut law, a buyer who was induced to purchase by the seller's material misrepresentation has multiple overlapping remedies. The buyer may pursue compensatory damages in contract or tort for the cost of repair or the diminution in value caused by the misrepresentation. Additionally, if the misrepresentation constitutes an unfair or deceptive act in commerce, the buyer may bring a CUTPA claim (CGS § 42-110a et seq.), which allows recovery of actual damages, punitive damages in egregious cases, and mandatory attorney's fees and costs for a prevailing plaintiff. These remedies are not mutually exclusive.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.
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Specific performance in North Dakota:
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