The Buyers brought a
lawsuit against the Seller alleging failure to disclose, misrepresentation, breach of contract, and negligence.
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.
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.
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.
The buyer brought
suit against the seller, claiming fraud and failure to comply with the state's disclosure statute.
If for whatever reason Brokerage B does not receive it's commission, it has no
recourse against the seller — the listing contract is between Brokerage A and the seller.
Some credit card issuers make an exception to the general industry rule
against sellers charging before shipping if the seller tells you about its practice at the time of sale.
However, the listing brokerage may have a claim for
commission against the seller and as such, should be careful before signing any mutual release.
First, exclusive buyer agency agreements are contracts that are enforceable in a court just as listing agreements are
enforceable against sellers.
They may be needed if you have to file a
claim against the seller or someone else involved in the home sale or repair of the home.
In such states, the lender can not pursue a deficiency
judgment against a seller for any deficiencies after a property is foreclosed.
In an interesting case, Dennis v. Gray, the court was asked to determine whether a family with young children should be allowed to go ahead with their damages claim
against the seller who failed to tell them one of the neighbours had been convicted of child pornography offences.
In Ballou v. Master Properties No. 6, the California Court of Appeal addressed a broker's allegations of
fraud against a seller of real estate.
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.
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.
In the UK (for the next two years at least), and in the EU: For expensive items, you will usually have a manufacturer's warranty, and at the same time you have your consumer
rights against the seller.
A Tennessee appellate court has considered a broker's lawsuit
against a seller which sought to collect a commission from a sales price which was below the amount of the listing agreement.
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).
Successfully represented acquirer in an asset
sale against the seller for breach of the representations and warranties about the condition of the assets
«While I agree with the Supreme Court that... in his pursuit of a legal remedy for fraudulent
misrepresentation against the seller, plaintiff hasn't a ghost of a chance, I am nevertheless moved by the spirit of equity to allow the buyer to seek rescission of the contract of sale and recovery of his downpayment...
Now if you default, the Bank has no recourse against the seller [who still owns the title] and you are not paying.
Check your credit contract for the following language: Notice: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could
assert against the seller of goods or services obtained with the proceeds hereof.
a real estate
developer against the seller of approximately forty acres of land arising from the seller's breach of a real estate purchase agreement; and
There was then a dispute as to completion and the buyer registered a unilateral
notice against the seller's registered title.
If the third party buyer takes for substantially equivalent value and had no notice of the prior purchase deal, the third party buyer would have good title; if third party buyer did not purchase for value or had actual or constructive notice of the prior purchase deal, the third party's title would be voidable in a suit to seek specific enforcement of the purchase and sale
contract against the seller.