DocketNumber: No. 082595
Citation Numbers: 1991 Conn. Super. Ct. 8199, 6 Conn. Super. Ct. 872
Judges: HEALEY, STATE TRIAL REFEREE
Filed Date: 9/9/1991
Status: Non-Precedential
Modified Date: 4/17/2021
The listing agreement is plaintiff's exhibit 2. It is dated March 21, 1984. At the top of the first page there is typed a heading: "SHERMAN I. WEISMAN ASSOCIATES REAL ESTATE MORTGAGES 25 Central Avenue Waterbury, Connecticut 06702". The first line of the agreement refers to "the undersigned broker". The name "SHERMAN I. WEISMAN" is typed four times in the body of the instrument. It describes the property and recites the terms which would entitle the plaintiff to a commission. It is signed by the CT Page 8200 defendants William Accousti, Kenneth Foisie and Vito Rossi who are described as being the partners in a partnership which is stated to be the owner of the real estate involved. Nowhere is there a signature of the plaintiff.
As of March 21, 1984 Connecticut General Statutes Section
The statutory requirements are mandatory and not permissive and the statute is to be strictly construed. Hossan v. Hudiakoff,
In an attempt to meet that requirement the plaintiff tendered twenty-three exhibits, four of which were marked for identification only, and those I ignore. The defendants offered eight exhibits, so twenty-seven exhibits were properly before me. Of those only two, plaintiff's 11 and 12, bear the signature of Weisman. Plaintiff's 11 is a letter from Weisman to a prospective purchaser stating that in accordance with instructions from Accousti, Foisie and Rossi he is returning the deposit made by that prospective purchaser. Plaintiff's 12 is a letter from Weisman to Accousti, Foisie and Rossi stating that he has complied with their instructions and returned the deposit. Neither has any relation to the listing agreement but instead both refer to an entirely separate contract of sale. The paper trail simply does not meet the requirements of Jay Realty, Inc.
Accordingly, I am forced to conclude that Weisman does not have a listing agreement that complies with Connecticut General Statutes Section
J. HEALEY, STATE TRIAL REFEREE