Sentences with phrase «against the seller for»

Where a seller makes representations or warranties that the property does not contain those defects, the buyer may have a claim against the seller for any losses or damages resulting from the defect.

Successfully represented acquirer in an asset sale against the seller for breach of the representations and warranties about the condition of the assets

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.

He now has a case against the Seller for the commission.

In such states, the lender can not pursue a deficiency judgment against a seller for any deficiencies after a property is foreclosed.

A South Carolina court has considered whether a buyer could bring allegations against a seller for alleged misrepresentations made by a real estate professional retained by the seller.

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

The anger he and others feel at short sellers» targeting of Chinese companies doubtless played a role when Silvercorp filed suit in New York against the websites China - stockwatch and Alfredlittle, and associated individuals, for defamation back in September.

While there are loud critics who wage public campaigns against companies they short, many other short - sellers had long kept positions secret for fear of losing access to corporate management or retribution from rival Wall Street investors through a so - called short squeeze.

So attired, the short seller proceeded to launch into his bearish theses for the collection of Canadian companies he's betting against.

This means that it's against the law for sellers to conceal defects they're aware of.

The Federal Trade Commission has filed complaints against online sellers who made health claims for natural progesterone creams without supporting evidence.»

Whip It (PG - 13 for sexuality, crude humor, profanity and drug use) Drew Barrymore makes her directorial debut and also appears in this adaptation of Shauna Cross» best seller about a reluctant beauty pageant contestant (Ellen Page) who rebels against her mother (Marcia Gay Harden) by joining a rough - and - tumble roller derby team.

Global Panamera sales and marketing director, Dr Stefan Utsch, told motoring.com.au limited popularity for traditional wagons in many markets mitigated against Sport Turismo becoming the big seller in the range.

The Korean automaker is aiming to «define the benchmark» for the mid-sized family sedan segment, which isn't easy when you're going up against such strong sellers as the Honda Accord and Toyota Camry.

Up against strong sellers like the Camry, Accord and Altima, the Sonata already stood out with tremendous value for the money, a wide variety of engines, the latest in high - tech, and a comfortable and quiet driving environment.

With RealDeal, sellers can show buyers how their price competes against the prices of matching vehicles for sale in their area.

Written as an oral history of a robot uprising against humans, the book was heavily promoted at BEA in 2011 and landed on the NYT best seller list at # 13 for one week.

For its part, Canada's second largest book retail chain, Renaud - Bray, is against the proposed legislation, and its president and CEO Blaise Renaud openly states that the only people who will benefit from the measure are the book distributors, not the sellers and certainly not the readers.

Today, book selling is a different game, the pendulum having swung so much to the other side that it's the few chains left who are fighting for survival against Internet book sellers and e-books....

Given that you often see the majority of F&SF best - seller slots on Amazon taken up by indie books, and that the SFWA is dead - set against allowing the writers of indie trash in their clubhouse (because they're «inclusive» that way)... how can «awards» that exclude most of the books that actual readers enjoy count for anything?

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).

The National Association of Realtors, which had railed against FHA's policy for more than a decade, estimated that during 2003 alone, sellers and refinancers were forced to pay nearly $ 690 million in extra interest charges.

For instance, making the sale contingent upon the sale of your current home could work against you — especially in a seller's market where the homeowner could have plenty of other offers to choose from.

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

An equity sale occurs when real estate is sold to a third party for more than what is owed against it, usually resulting in a surplus of funds to the seller.

The pound, for example, gapped lower against most of its peers at the start of the week and then got swamped by even more sellers, thanks to a

The pound, for example, gapped lower against most of its peers at the start of the week and then got swamped by even more sellers, thanks to a Sunday Times report over the weekend that claimed that as many as 40 members of Parliament agreed to sign a letter of no - confidence, which alarmed market players since it only takes 48 to trigger an official leadership challenge on the PM.

I would advise clients to always obtain their own inspection report as I believe there was an Ontario court ruling some years ago that a buyer can not rely on an inspection report prepared for a seller and therefore there is no recourse against the inspector and no fiduciary duty required from the sellers inspector.

the realtor would not know that neither buyer's home inspector to look for it... I won't use harsh wordings against this realtor... I would blame the sellers if they new about it and hide it.

The only way to protect yourself against these bogus claims is to get a valid proof of delivery — to qualify for eBay's seller protection, you need «online documentation from a postal company» that has «delivered» status, the date of delivery and the buyer's address.

HUD warns Congress against meddling with FHA Secretary of Housing Steve Preston warned Congress Tuesday against requiring the Federal Housing Administration to guarantee loans made with seller - funded down - payment assistance, and called a proposed moratorium on risk - based pricing for FHA insurance premiums «a big mistake.»

Fair Housing Act: An act created by the federal government that makes it illegal for lenders, sellers, agents, brokers, and anyone involved in the sale or purchase of a home to discriminate against a buyer for any reason.

You can never rely on a seller to know for sure whether there are liens against the property in a short sale.

Make sure you also check the price of the car against what other sellers are asking for it.

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.

The Society is constantly struggling against all existing low standards of care for dogs in breeding commerce by undertaking legal efforts and educating both sellers and customers of this market.

Despite having a policy against «unethical» breeders and information encouraging buyers to «choose a responsible breeder», a lack of scrutiny on sellers has made the Trading Post a hub for puppy factory sales.

This is to protect the buyer and the seller against terms that are not respected for example.

Seller warrants above puppy for one (1) year from date of birth, against genetic defects rendering it unfit as a pet.

«Eye protection against soap irritation such as SafeEye by Top Performance, along with tearless shampoos for faces, paw treatments and towels just for the dog's bath are all good sellers,» she says.

Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim.

The shock in this case, for me anyway, was that there is little or no recourse for the auction house or the seller against a balking buyer.

The media's respectful worship of inspirational bad science best - sellers (e.g. «Mein Kampf's» eugenics pesudoscience) is based on the book's corruption to «change human affairs», which is precisely Dale Carnegie's template for inspirational speech making, and is so well suited to the conceited like climate reality denier Al Gore), deliberately «oversimplifies» and deceives to motivate the masses against an exaggerated immediate peril (requiring gas chambers for eugenics, unilateral nuclear disarmament, or CO2 taxation).

(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.

A products liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user.

I am not concerned about whether it is «moral» or against a religion, but rather whether the seller and / or the site that the spell was sold on could be held liable for anything?

Cohen Milstein Sellers & Toll PLLC has successfully prosecuted multimillion - dollar claims against the world's largest automotive and tire manufacturers for defective fuel systems, seat belts, seat backs, stability and handling failures and defective tires.