Sentences with phrase «action against the seller»

Most of those websites have now been closed, and Amazon took action against the sellers involved.

However, if you have a problem with goods or services you paid for with your credit card, you can take the same legal actions against the seller as you would the card issuer (depending on state law).

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.

But ask your attorney whether you have any legal courseof action against the seller under your listing contract.

Depending on your state law, there may be a contractual right of action against the seller because the cooperative commission appeared in the listing contract.

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.

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

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

Not exact matches

State Comptroller Tom DiNapoli just announced he has hired the law firm of Cohen Milstein Sellers & Toll to represent the state pension fund in a class action against the oil giant BP in connection with the «disastrous» Deepwater Horizon explosion and subsequent oil spill in the GulF of Mexico.

DiNapoli recently announced he had hired the law firm of Cohen Milstein Sellers & Toll to represent the state pension fund in a class action lawsuit against the oil giant BP in connection with the «disastrous» Deepwater Horizon explosion and subsequent oil spill in the Gulf of Mexico.

; Six reasons NOT to trust the New York Times Best Seller List; Amazon laying off lots of folks; Author drops lawsuit against publisher; When will Amazon's monopolistic actions stop?

In SeroTalk Podcast 50, Michael Lauf, Ricky enger and Joe Steinkamp discussed the following stories: Class Action by Disabled Employees Against the Social Security Administration Goes Forward O'Reilly Ebook Bundles Include 800 Accessible DAISY titles Half of Amazon Kindle Best Sellers... Continue reading →

However, if you buy unsatisfactory goods or services with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller.

The seller is responsible for any adverse actions against the title that occurred prior to the transfer of property.

However, if you have a problem with goods or services you paid for with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller.

(WASHINGTON, D.C)-- Judge Anthony J. Trenga, of the U.S. District Court for the Eastern District of Virginia, has named Steven J. Toll, Managing Partner of Cohen Milstein Sellers & Toll PLLC, a veteran class action litigator, as co-lead counsel in the high - profile class action lawsuit against Lumber Liquidators.

Represented well - known handbag designer and its exclusive U.S. licensee in counterfeiting, trade dress and copyright infringement actions in federal courts across the nation against sellers of infringing and counterfeit handbags.

On January 31, 2018, Cohen Milstein Sellers & Toll PLLC and Susman Godfrey, Interim Co-Lead Class Counsel filed a consolidated toxic tort class action complaint on behalf of plaintiffs against E.I. DuPont de Nemours Company (NYSE: DD), and its former wholly - owned subsidiary, The Chemours Company (NYSE: CC) with the U.S. District Court, Eastern District of North Carolina, Southern Division.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

Peter has worked on a number of complex contentious matters including actions for trade mark infringement and passing off in the Intellectual Property Enterprise Court including against supermarkets, sellers on online auction sites and against parallel importers of vehicle accessories.

He has defended Products Liability Actions against manufacturers and sellers of allegedly defective products including pharmaceuticals, automobiles, yachts, motorcycles, cranes, furniture, household items, dyes, food products, building and construction supplies, toys, and sporting equipment.

Successfully represented a worldwide seller of sports nutrition products in an action against a contract manufacturer and formulator of a protein drink after the product had to be withdrawn from the market due to contamination in the manufacturing process.

Defended commercial action against a manufacturer / seller of PVC compound used to manufacture plumbing valves in wake of nation - wide recall of valves.

including filing and maintaining Customs» notices and direct action against unauthorised importers and sellers

The Seller filed a third - party action against the Brokerage, claiming that if he had breached the Purchase Agreement, it was caused by the actions of the Brokerage.

Then the 1st seller wanted to pursue legal action against their agent for not bring represented properly.

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

Peltonen v. Halstead Property Corp. (10 Misc.3 d 130A)-- small claims judgment in favor of broker dismissing seller's action against broker affirmed; evidence supports a finding that broker satisfactorily performed its contractual obligations and that seller suffered no damages as a result of broker's «defective» services; seller's condominium apartment was sold within one month of the parties» listing agreement and at a purchase price exceeding the asking price in a co-brokered transaction.

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).

Delano v. Umbreit (10 Misc.3 d 1054A)-- cause of action exists against seller in fraud where seller elects not to provide PCDS and provides $ 500.00 credit and after such election makes a false representation about the heating system and concealed the true condition of the heating system (seller installed dummy heating vents in walls, lied about it post contract and later admitted knowing about the subterfuge).

¶ 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 Parasellers, 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 ParaSellers) 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).

If the Seller is accused of failing to disclose known material defects and / or environmental hazards; Seller will not hold Broker responsible in any way; Seller will hold Broker harmless, from and indemnify Broker against, any claims, lawsuits, actions at law or equity, and other obligations and all costs and expenses, including costs of litigation, reasonable attorneys fees and reasonable costs of investigation, that result or arise from Seller's failure to disclose known material defects or environmental hazards of any kind.

THIRD PARTY DISPUTES (SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSeller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSeller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).

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.