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JUDGMENT FOLLOWING BENCH TRIAL – Professional Negligence – False Statements – Plaintiff alleged that defendant made false statements regarding a credit due to plaintiff on a real estate closing, upon which plaintiff relied to his detriment.

Middlesex County, CT

In this negligence matter, the plaintiff alleged that the defendant real estate agent was negligent and made false statements to the plaintiff regarding the plaintiff’s eligibility for a homeowner’s credit at the time of his real estate closing. The plaintiff alleged that he relied upon the defendant’s statements and learned after the closing of title that he was not entitled to the credit. The defendant denied any wrongdoing, and maintained that he did not make any representations to the plaintiff.

The plaintiff hired the defendant real estate agent with regard to a real estate purchase of a home. The plaintiff alleged that the agent made representations to the plaintiff that he would be entitled to an $________ new homeowner’s credit at the real estate closing. The plaintiff relied upon the defendant’s representations and proceeded with the transaction. The plaintiff alleged that after the closing, he learned that he did not qualify for the new homeowner’s credit due to his failure to comply with a statutory time period for eligibility. The plaintiff brought suit against the defendant for negligent misrepresentation and professional malpractice. The defendant denied the allegations and maintained that he never made any such representations to the plaintiff. The defendant disputed that he was liable to the plaintiff for any damages.The matter proceeded to a bench trial. At the conclusion of the trial, the court entered judgment in favor of the defendant. The court determined that the plaintiff had failed to meet its burden of proof with regard to his claims against the defendant. No damages were awarded.

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