Sentences with phrase «action against the buyer»

Can I take any action against the buyer?

Not exact matches

Orland Park officials are considering taking legal action against the developer of a subdivision who they say may have told potential buyers that a golf course would be built behind their homes where an industrial park is planned.

(2) Any buyer injured by a violation of this part may bring an action against the surety bond or trust account of the credit service organization.

Also, even if the buyer is bound, the buyer might have a cause of action against the seller for failing to disclose the lease, or against the buyer's attorney and / or realtor for failing to do adequate due diligence regarding the purchase.

The court ruled that the Broker's confidentiality policy was contrary to the purpose of the property disclosure law and that the Buyer had sufficiently alleged a cause of action against the Broker for its failure to disclose the information from the earlier transaction.

Five buyers brought a class - action suit against a lender and affiliated entities for allegedly overcharging and marking up fees assessed for loan services such as document preparation and flood certification.

The Buyers refused this offer, and so the Seller brought a third - party action against the Brokerage.

Prior to dismissing the class action lawsuit, the trial court severed Curtis and Gwendolyn Blough's («Buyers») lawsuit against the Brokerage and allowed it to proceed as a stand - alone lawsuit.

A South Carolina court has considered whether a seller's failure to provide a completed disclosure form to the buyer gave the buyer a cause of action against the seller and the real estate brokers.

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

Werner v. Katal Country Club (234 A.D. 2d 659)- broker may recover a commission in the absence of being the procuring cause in a transaction where the seller terminates the broker's activities in bad faith and as a mere device to escape the payment of the commission; triable issue of fact exists as to seller's bad faith where seller engaged in direct negotiations with buyer and withdrew proposed contract indicating broker was the procuring cause and inserting himself as procuring cause after broker refused to reduce his commission; cause of action against attorney under Judiciary Law § 487 (1).

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

Bichoupan v. Bichoupan (251 A.D. 2d 613)- buyer commences action against broker for misrepresentation as to legal use of premises; broker commences third party action against the seller for indemnification, asserting that seller represented the property to be a legal four - family dwelling in the listing agreement; third party complaint dismissed as seller made no representation in the contract of sale concerning the status of the property and did not authorize the broker to make any such representation with respect to the property.

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

The U.S. Court of Appeals for the Eleventh Circuit has decided that a suit against a brokerage for allegedly charging a buyer a transaction fee when no service was performed could be certified as a class action suit.

The Buyer next argued that the Buyer has a separate cause of action against the Broker under the Act because Edwards had independent knowledge of the flooding from a prior transaction.

What if a buyer did not want the sale price reported and it was reported by the listing agent in error, could this be grounds for legal action from the buyer against the agents and TREB?

Because it could prove difficult to take legal action against a foreign buyer — who may be out of the country or difficult to contact — sellers should consider asking for a sizable down payment or «good faith money deposit» to guarantee the sale.