Diserio Martin O'Connor & Castiglioni LLP

Firm Obtains Judgment After Trial in Case Involving Liquidated Damage Provision in Contract for Sale of Multimillion Dollar Waterfront Property

November 2, 2012

Richard E. Castiglioni and Timothy P. Moylan recently obtained a judgment from the Connecticut Superior Court on behalf of their client, a seller of a waterfront property in Fairfield County.  Mr. Castiglioni and Mr. Moylan requested that the Superior Court enforce the liquidated damages clause of a residential real estate contract against a purchaser who had failed to close on a property after signing the contract.  The purchaser contended that he did not willfully default and that the Plaintiff suffered no damages as a result of his default.  After completion of trial, the Court found in favor of the firm's client and awarded the client the 10% deposit, attorneys' fees and offer of compromise interest which totaled in excess of a half million dollars.