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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 47a-4a

Citation
Section 47a-4a
Parent Document
Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction
Connecticut (state)
Effective Date
1988-08-16

Other Sections in This Document (80)

Full Text

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The court’s determination that the defendant violated CUTPA was based upon its finding that the resale standard of the rental agreement, which required that the plaintiffs’ home meet ANSI-119 minimum specifications before it could be sold on-site, contravened General Statutes (Rev. to 1985) § 21-79 and the public policy established by this statute. See Conaway v. Prestia, 191 Conn. 484, 492-93, 464 A.2d 847 (1983). The court emphasized that § 21-79 was “a plainly written (and constitutional) statute.” The court found that the defendant’s enforcement of that resale provision had caused a substantial injury to the plaintiffs by preventing them “from realizing the market value of their mobile home [if it were sold] on-site . . . .’’In addition, the court found that the defendant’s conduct was unethical and deceptive when it offered to assist the plaintiffs to acquire the building and occupancy permits required for resale by the rental agreement while *653at the same time its enforcement of the ANSI-119 resale standard rendered compliance with" the permit requirements “an exercise in futility.” See Conaway v. Prestia, supra.