Myrtle Bonvouloir et al. v. LLC (2016)

MEMORANDUM (Hearing in Damages, Short Calendar, February 1, 2016)

This action between the plaintiff, Myrtle Bonvouloir, and the defendant, Briarwood Acquisitions, LLC, came before the court by a writ, summons and complaint with a return date of February 10, 2015.  The matter was heard at Short Calendar on February 1, 2016.  The plaintiff was represented by attorney Beth A. Steele and the defendant was nonappearing.

The court has considered the plaintiff's arguments, proposed findings of fact and proposed orders.  Additionally, the court had the opportunity to observe the demeanor of the plaintiff, who was the only witness at the time of trial.  There were numerous full exhibits, each of which was examined by the court.  The court makes the following findings.

In February of 2013 the plaintiff, Myrtle Bonvouloir, paid the defendant, Briarwood Acquisitions, LLC $100.00 to reserve Lot 11 in the Briarwood Falls subdivision (also known as 11 Oriole Drive), an over 55 community owned and being developed by the defendant in Danielson, Connecticut.  In March of 2013, the plaintiff paid another $2,000.00 to the defendant for the reservation of Lot 11.  In August of 2013, the plaintiff and the defendant entered into a purchase and sales agreement with the defendant to purchase from Briarwood Acquisitions, LLC a newly constructed home on Lot 11 in the Briarwood Falls subdivision.  In conjunction with that purchase, the plaintiff gave the defendant an additional $25,000.00 deposit.  The sale was to take place by December 15, 2013, however the home was not built by that date.  The plaintiff demanded her deposit be returned but the defendant failed to return the same.

The bank financing Briarwood Acquisition, LLC's development of the subdivision, foreclosed upon Lot 11.  In December 2015 the plaintiff was finally able to purchase Lot 11 from a third party who had purchased it after the foreclosure.  She received no credit for her $27,100.00 deposit in the purchase transaction.  In an addendum to the purchase and sale agreement, Briarwood Acquisitions, LLC had conditioned the plaintiff's purchase of 11 Oriole Drive on the sale of her currently existing home in Wethersfield, where she had lived for over 50 years.  The plaintiff did not have a mortgage on the Wethersfield property.  The plaintiff sold her Wethersfield home as required by Briarwood Acquisitions, LLC prior to the closing date called for under her purchase and sales agreement.  Because the home at 11 Oriole Drive was not built as called for in her purchase and sale agreement, the plaintiff had nowhere to live while she waited for Briarwood Acquisitions, LLC to finish 11 Oriole Drive.  Briarwood Acquisitions, LLC leased to the plaintiff another home in the Briarwood Falls subdivision for which it required her to pay $2,000.00 in a security deposit and $1,000.00 per month in rent.  She stayed for 4 months before finding another place to live.  Briarwood Acquisitions, LLC never returned her security deposit to her.  Her loss in conjunction with the lease agreement is $6,000.00.

Because Briarwood Acquisitions, LLC did not build or sell her the home at 11 Oriole Drive as called for by the purchase and sales agreement, the plaintiff had to pay for an additional move from her Wethersfield home to the rental and then from the rental to her permanent home (as opposed to only paying for one move from her Wethersfield home to 11 Oriole Drive) at a cost to her of $1,466.61.

The plaintiff has paid attorneys fees of $2,237.25, a filing fee of $350.00 and a marshal service fee of $318.80 in conjunction with this lawsuit.  Pursuant to the purchase and sales agreement the prevailing party in any case over breach of the agreement was entitled to reasonable attorneys fee and costs.

The defendant, Briarwood Acquisitions, LLC, breached the purchase and sales agreement by failing to convey title to 11 Oriole Drive, Danielson, Connecticut.  The defendant, Briarwood Acquisitions, LLC, without justification, wrongfully held and failed to return the plaintiff's $27,100.00 upon demand.  The defendant, Briarwood Acquisitions, LLC, is liable to the plaintiff for treble damages.

ORDERS

The defendant shall pay the plaintiff $81,300.00 pursuant to Connecticut General Statutes Section 52–564.  Additionally, the plaintiff has suffered consequential damages in the amount of $1,466.61 in moving expenses and $6,000.00 in rent and security deposit expenses.  The plaintiff has expended $2,906.05 in attorneys fees and costs.  As such, the total award to the plaintiff and against Briarwood Acquisitions, LLC is $91,672.66.

THE COURT

CALMAR, J.

Calmar, Harry E., J.