(a) No action shall be maintained to enforce any liability created under this chapter, unless brought before the expiration of two years after the act or transaction constituting the violation or the expiration of one year after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire.
(b) No purchaser of a real estate syndicate security may commence an action under this chapter, if, before suit is commenced, such buyer shall have received a written offer (1) stating the respect in which liability under section 47-98 or 47-106 may have arisen; (2) offering to repurchase the real estate syndicate security for a cash price payable upon delivery of the real estate syndicate security equal to the consideration paid, with interest at the legal rate from the date of payment, less the amount of any income received on the real estate syndicate security, or, if the purchaser no longer owns the real estate syndicate security, offering to pay the purchaser upon the acceptance of the offer an amount in cash equal to the damages computed in accordance with section 47-110 provided such offer may be accepted by the purchaser at any time within a specified period of not less than thirty days after the date of receipt thereof; and (3) setting forth the provisions of this subdivision, and such purchaser shall have failed to accept such offer in writing within the specified period after receipt thereof.
(P.A. 73-593, S. 32, 35; P.A. 74-338, S. 44, 94.)
History: P.A. 74-338 made technical correction in Subsec. (b), replacing reference to “this section” with reference to Sec. 47-110.
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Chapter 826 - Real Estate Syndicates
Section 47-92. - Qualification of real estate syndicate securities; issuance of permit.
Section 47-93. - Expert opinion.
Section 47-94. - Grounds for refusal of permit. Appeal, hearing.
Section 47-95. - Amendment to offering; commission approval; effective date.
Section 47-96. - Permit fees. Determination of value of securities.
Section 47-98. - Sale of unqualified real estate syndicate securities prohibited.
Section 47-99. - Advertisement of securities; prior filing; hearings; media responsibility.
Section 47-100. - Sale does not require licensure as real estate salesperson or broker.
Section 47-102. - Waiver of chapter void. Exception.
Section 47-103. - Real Estate Commission to establish regulations. Hearings.
Section 47-104. - Required form of sales contracts.
Section 47-105. - Required records and reports. Examination of records; examination costs.
Section 47-106. - Penalty for false statement.
Section 47-107. - Investigations by commission; powers.
Section 47-108. - Appointment of attorney for service.
Section 47-109. - Actions, limitation of time, prerequisite.
Section 47-110. - Remedy of buyers.
Section 47-111. - Order to cease and desist. Hearing.
Section 47-112. - Injunctive and other relief.
Section 47-113. - Violations punished by fine or imprisonment.
Section 47-114. - Reservation of other punishments.
Section 47-115. - Burden of proof of exemptions or exceptions.