Heller v. D. W. Fish Realty Co., Inc, 2004 WL 1615976 (2004).
Incompetent Well Testing Heller v. D. W. Fish Realty Co., Inc, 2004 WL 1615976 (2004) Superior Court of Connecticut Facts: The Hellers bought a house using an agent with D. W. Fish Realty as their buyer agent. The contract made the deal subject to a satisfactory well inspection. At the Hellers’ request, the Fish agent hired an inspector to test the well water, but not the well. The water was fine and the Hellers closed. After closing, however, the Hellers discovered that the well itself was defective. They had to drill a new well. They sued Fish Realty claiming negligence, breach of contract, and violation of the state consumer protection act. The jury ruled for the Hellers and Fish filed a motion to set the verdict aside. Issue: Whether the buyer agent can be liable for the incomplete nature of the well test. In six to ten sentences, explain why the motion should or should not be denied. Be specific and support why/why not the motion should or should not be denied.