Legal Question in Real Estate Law in Connecticut

Buyer Misrepresents Deposit...

In CT, we are selling a home. The buyer provided a signed P&S agreement along with a photocopy of the deposit check [5%], made to his attorney.

After inspections, his attorney leads the coorespondense with ''Unfortunately, I have not received my client's deposit...''

We have had the house off of the market for about 1 month.

Is this illegal? Is there any recourse?

Thank you.


Asked on 1/14/08, 5:30 pm

1 Answer from Attorneys

Gregory Lattanzi Law Offices of Gregory T. Lattanzi, LLC

Re: Buyer Misrepresents Deposit...

Dear Sir / Madam:

You have summarized a factual scenario and asked two questions:

1) Is this illegal?

the claims that come to mind are negligence and mispresentation. mis- representation can be either intentional or unintentional and in some cases damages can be recovered either way. Both of these claims are civil claims, not criminal claims. They amount to a breach of agreement or contract. Even if there was an intentional misrepresentaion on someone's part in this scenario, it is probably not criminal, so therefore the conduct can not be characterized as illegal.

2. Is there recourse?

You need two things to have a compensable claim. Liability and Damages. For negligence someone needs to owe you a duty of care, they need to breach that duty of care and you need to incur damages as a result. For mispresenation, someone need to make a material misrepresenation that you reasonably relied upon and as a result, incurred damages.

I can not answer your question with certainty without knowing more facts but I hope this gives you an idea of the required analysis, and the additional facts that would be needed to provide a more specific answer to the question.

You may consult with me at no cost if you like. We cover the entire state of Connecticut and we travel. Check out our website. Good Luck.

Please understand that the information is based on hte limited information that I have at this time. This is not intended to be legal advice and should not be used a substitute for legal advice, and should not be relied upon as such. But hopefully it is useful in case you do decide to consult with someone.

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Answered on 1/19/08, 10:35 am


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