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New Britain County, CT

In this contract matter, the plaintiff purchasers allege that the defendant seller failed to return their deposit when their financing fell through. The plaintiffs sought return of their $________ deposit. The defendant denied the allegations, and maintained that he had invested monies into the property in accordance with the plaintiff’s specifications, and he had been required to pay a realtor fee when the plaintiffs failed to proceed with the transaction. The defendant counterclaimed to retain the deposit monies.

The plaintiffs entered into an agreement to purchase a house built by the defendant. As part of the agreement, the plaintiffs allege that the defendant advised them not to renew their broker contract – which was expiring – in exchange for a reduction in the price of the house and an agreement that the defendant would return their deposit monies in the event that the plaintiffs were not able to secure financing. The purchase price was $________ with $________ due on signing, and $________ due at the time that the roof was shingled. The parties signed the agreement on November 16, ________, and tendered the deposit monies as indicated to the defendant. The contract contained a rider that allowed the defendant a $________ allowance for the kitchen cabinets. The plaintiffs were unable to secure financing due to the loss of employment by the husband. The plaintiffs sought return of their deposit monies in accordance with their agreement. The defendant refused to return the deposit monies. The plaintiffs learned that the defendant relisted the house for the sum of $________ and sold it for $________. This was $________ more than the agreed upon price with the plaintiffs. At this point, the plaintiffs brought suit to obtain the return of their deposit monies.

The defendant denied the allegations and counterclaimed for breach of contract. The defendant maintained that he had lost monies on the failed transaction. He had spent $________ on the kitchen cabinets, as requested and designed by the plaintiffs. Further, the defendant maintained that he incurred a realtor fee of $________, and an additional $________ for additional extras that the plaintiffs requested. He maintained that he was entitled to keep the deposit monies and sought to recoup the additional expenses from the plaintiffs.The matter proceeded to a bench trial. The court issued a combined judgment. The court found that the plaintiffs were entitled to the sum of $________ for unjust enrichment. The court determined that the defendant’s cabinet expenses and realtor fees were reasonable expenses and would not have been incurred only for the sale to the plaintiffs. The court maintained that the defendant reaped an additional $________ in profit from the second sale, which was unjust enrichment. Accordingly, the court deducted the allowed expenses from the $________ and added the $________ profit for a total to the plaintiffs of $________. As to the defendant’s counterclaim, the court ruled that the defendant was entitled to keep the deposit monies in the amount of $________, following the calculation of the second sale profit, as well as the expenses incurred solely due to the plaintiffs’ requests and actions in the first transaction.

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