A seller in Connecticut deliberately omits a known history of basement flooding from the Residential Property Condition Disclosure Report. After closing, the buyer discovers the flooding issue and suffers significant damage. Which combination of legal remedies is most likely available to the buyer under Connecticut law?
Correct Answer
A) A claim under CGS § 20-327b for disclosure violation and a CUTPA claim under CGS § 42-110a for deceptive practice, potentially including damages and attorney's fees
A buyer harmed by deliberate omission of known material defects in Connecticut may pursue multiple legal remedies. CGS § 20-327b creates disclosure obligations whose violation can support a civil claim. Additionally, CUTPA (CGS § 42-110a) prohibits unfair or deceptive acts in commerce, and a deliberate omission of a known material defect in a real estate transaction is precisely the type of deceptive practice CUTPA addresses. CUTPA provides for actual damages, punitive damages, and attorney's fees, making it a powerful remedy for buyers harmed by seller misrepresentation.
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Previous Question
A Connecticut licensee is representing a buyer purchasing a property that was formerly used as a gas station. The seller's attorney argues that because the property has already been remediated and received a 'No Further Action' letter from DEEP, the Connecticut Transfer Act does not apply to this sale. The buyer's agent disagrees. Which position is correct under CGS § 22a-134?
Next Question
A Connecticut seller's agent learns during the listing that the property's septic system failed a recent inspection and the seller has not repaired it. The seller insists the agent not mention it to buyers because the seller plans to offer a price concession at negotiation instead. Under Connecticut's disclosure framework, which course of action is most appropriate for the agent?