Recent Connecticut Cases

Following are recent cases that are relevant to real estate professionals:

• PLAINTIFF TIMELY EXECUTED A VALID OPTION TO PURCHASE PROPERTY
  Battalino v. Van Patten
  100 Conn. App. 155
  DuPont, J.
  CONTRACTS/ SPECIFIC PERFORMANCE
  The Appellate Court recently upheld the New London Superior Court's grant of specific performance, concluding that the plaintiff had a valid option to purchase the subject property and timely exercised his option.


• PAUL CAMERONE ET AL. v. MARK PHILLIPS ET AL.
  Superior Court awards water proofing fees to remediate water condition which seller failed to disclose. Seller had cosmetically covered up the water seepage damage thereby misleading the buyer. In addition, the court awarded $25,000 in damages to plaintiff buyers for emotional distress. The court decided that based on photos of the damage, the buyer's distress was predictable and justified, and therefore foreseeable by the seller. This case represents a departure from precedent on the issue of emotional distress as a foreseeable result of misrepresentations in the context of a real estate transaction.


• DARNELL WILLIAMS v. MATTHEW FEELY
  Superior Court allows violation of Connecticut Unfair Trade Practices Act (CUTPA) claim to move forward where defendant failed to reveal and intentionally withheld information about condominium water damage from flooding before plaintiff purchased the condominium. The court strikes down plaintiff's claim of negligent infliction of emotional distress. The court decides that, according to precedent, emotional distress is not a foreseeable result of misrepresentations in the context of a real estate transaction.


• BELANGER v. MAFFUCCI
  Superior Court strikes down plaintiff buyer's Connecticut Unfair Trade Practices Act (CUTPA) claim, deciding that CUTPA was not designed to remedy misconduct that occurred in a one time transaction by a private individual. The plaintiff filed the complaint against defendant seller after discovering extensive mold damage throughout the basement of the purchased house.


• CHRISTINE HELLER ET AL. v. D. W. FISH REALTY COMPANY ET AL.
  Agent held liable for breaching duty to buyer relating to physical inspection.


• GREGORY RICCIO ET AL. v. BILLINGSGATE ASSOCIATES, LLC
  Court upheld mortgage contingency clause, ordered that seller return purchaser's $23,000 down payment. Purchaser was unable to obtain a conventional mortgage as specified by the purchase contract. The seller knew of purchaser's potential change to non-resident status; seller knew that purchaser was job hunting out of state. The court noted purchaser's reasonable efforts to obtain the mortgage, purchaser even considered a commercial mortgage but it was too expensive.


• RICHARD D. RUDDER ET AL. v. MAMANASCO LAKE PARK ASSOCIATION, INC., ET AL.
  Lower court decision on easement dispute affirmed.


• ROBERT SABO ET AL. v. ROSALIE ZACAROLA ET AL.
  Seller found liable for misrepresentations on Property Condition Disclosure Report and MLS listing. Seller represented that house had hardwood floors when, in fact, it did not. Additionally, there was a drainage system on the property that was not functioning.