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 SELLER IMPERSONATION FRAUD IS A THREAT

Targeting unimproved, unoccupied, and often unencumbered property where the real owner lives out of town, out of state or outside the country, impersonators will usually insist on communicating remotely and will claim they cannot attend an appointment or closing in person. They commonly offer to sell the property at below market value to a purchaser willing to pay cash.

However, these simple steps to verify the seller’s identity can prevent fraud from succeeding:

Require a copy of a government issued photo ID for each seller: In more than one case this request led to the purported seller furnishing an ID with a picture that was clearly not legitimate.

Use online and other public resources to confirm or establish facts about the real owner: While ID pictures may not always give away the fraud, other information on the ID may, especially when compared to details obtained online or in the public records. More than once the signature on the ID has failed to match the real owner’s signature on documents in the land records.

Communicate directly with the owner at a reliable address using current tax records.

We are here to help: BEFORE you sign a contract and send a deposit, let us know when you are approached by someone who is either selling or buying vacant property. If the seller is someone whom you have never met and you have some concerns, we can assist you in your efforts to verify the identity of the seller. We can also help determine whether the seller is legitimate in cases where you are a buyer of unimproved or unoccupied property.

This tip abridged from Connecticut Attorneys Title Insurance Company Agent Alert

NONCOMPETE AGREEMENTS IN CONNECTICUT

The Connecticut legislature changed the law regarding noncompete agreements in the 2023 session that puts significant restrictions on the use of noncompete agreements.  If you are a Connecticut employer, or business that uses independent contractors, or an employee or independent contractor being presented with a noncompete agreement, you should consult with us or another attorney before attempting to enter into a noncompete agreement.

The law sets limits on the use of “covenant not to compete” provisions in employment contracts. Under the law, a “covenant not to compete” (i.e., noncompete agreement) means a contract, provision, or agreement that restrains a worker (employee or independent contractor) from, or imposes penalties for, engaging in any kind of profession, occupation, trade, or business in a geographic area for a set period after separation from employment. The law excludes from this definition (1) nonsolicitation agreements that meet certain standards, (2) nondisclosure or confidentiality agreements, (3) agreements not to reapply with the same employer after being terminated, and (4) any contract or agreement made (a) in anticipation of a sale of a business’s goodwill or all of the seller’s ownership interest in a business or (b) as part of a partnership or ownership agreement.

Under the law, a noncompete agreement is enforceable only if it meets specific requirements, including that the covered employee earn at least three times the minimum wage and be exempt from the state’s minimum wage laws. The law also sets limits on exclusivity agreements, which it defines as a contract, provision, or agreement that imposes penalties on a worker for, or restrains a worker from, supplementing his or her income by working for another employer, working as an independent contractor, or being self-employed. It applies to noncompete and exclusivity agreements entered into, amended, extended, or renewed on or after July 1, 2023. The law applies to private employers as well as state and municipal employers.

You are best advised to consult with an attorney to navigate the law on this subject. Call us for an appointment at 860-889-2333.