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ContractsBreach_and_remediesHARD

A commercial property in Bridgeport, Connecticut was sold without the seller completing the required environmental investigation under the Connecticut Transfer Act (CGS §§ 22a-134 through 22a-134e). The buyer later discovers contamination on the property. The listing broker knew the property had been used for industrial purposes involving hazardous substances but did not advise the seller or buyer about Transfer Act requirements. Which of the following best describes the potential consequences for the listing broker?

Correct Answer

B) The broker may face license discipline by CREC and civil liability under CUTPA for failing to advise the parties of a known material fact affecting the transaction

Connecticut licensees have an obligation to disclose known material facts that affect the value or desirability of a property. The Connecticut Transfer Act (CGS §§ 22a-134 through 22a-134e) imposes specific environmental investigation requirements on transfers of establishments that have handled hazardous substances. A broker who knows a property triggers Transfer Act obligations and fails to advise the parties has failed to disclose a material fact. This can constitute a violation of the licensee's duties under CGS Chapter 392 (grounds for CREC discipline) and may also constitute a deceptive act or omission under CUTPA, exposing the broker to civil liability.

Answer Options
A
The broker has no liability because environmental compliance is solely the seller's legal obligation under the Transfer Act
B
The broker may face license discipline by CREC and civil liability under CUTPA for failing to advise the parties of a known material fact affecting the transaction
C
The broker is personally responsible for funding the environmental remediation required under the Transfer Act
D
The broker's only obligation was to disclose the industrial use history on the MLS listing, which satisfies all Transfer Act requirements

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Related Topics & Key Terms

Key Terms:

Transfer_Actenvironmental_disclosurebroker_liabilityCUTPAmaterial_facts

Related Concepts

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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