Sec. 17b-529. (Formerly Sec. 17a-369). Liability for violation, misstatement or omission.
Sec. 17b-529. (Formerly Sec. 17a-369). Liability for violation, misstatement
or omission. (a) Any person who as, or on behalf of, a provider, enters into a contract
for continuing care at a facility without having first delivered a disclosure statement
meeting the requirements of section 17b-522 to the person contracting for the continuing
care, or enters into a contract for continuing care at a facility with a person who has
relied on a disclosure statement that omits to state a material fact required to be stated
therein or necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading, is liable to the person contracting
for the continuing care for damages and repayment of all fees paid to the provider,
facility or person, less the reasonable value of care and lodging provided to the resident
by or on whose behalf the contract for continuing care was entered into prior to discovery
of the violation, misstatement or omission or to the time the violation, misstatement or
omission should reasonably have been discovered, together with interest thereon at the
legal rate for judgments, and court costs and reasonable attorneys fees. An action to
enforce liability pursuant to this section shall not be maintained unless brought within
six years after the execution of the contract for continuing care giving rise to the liability.
(b) Liability under this section for any violation, misstatement or omission exists
only if the provider or person liable knew or should have known of the violation, misstatement or omission.
(c) Nothing contained in sections 17b-520 to 17b-535, inclusive, shall be construed
to limit the remedies a person has under any other provision of law.
(P.A. 86-252, S. 10, 17; P.A. 03-19, S. 47.)
History: Sec. 17-544 transferred to Sec. 17a-369 in 1991; Sec. 17a-369 transferred to Sec. 17b-529 in 1995; P.A. 03-19 made a technical change in Subsec. (b), effective May 12, 2003.