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?
Correct Answer
D) Disclose the septic failure as a known material defect to prospective buyers and advise the seller to include it in the property condition disclosure report
A failed septic system is a known material defect that must be disclosed under CGS § 20-327b and is a fact that would materially affect a buyer's decision. The seller's agent has an independent duty to disclose known material facts to prospective buyers and must also advise the seller to include the defect in the property condition disclosure report. Following the seller's instruction to conceal a known material defect would violate the agent's duties under Connecticut law and could constitute a deceptive practice under CUTPA (CGS § 42-110a), exposing the agent to license discipline and civil liability.
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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?
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Linda is selling a residential property in Norwalk that was built in 1972. In addition to Connecticut's Residential Property Condition Disclosure Report, which additional federal disclosure must be provided to the buyer before the contract is signed?