Sentences with phrase «against the seller under»

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

Not exact matches

Under the free market system, these four main buyers pit 25 million sellers against each other, creating a race to the bottom.

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.

With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee.

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.

Depending upon the circumstances surrounding your gun accident, you may have legal recourse against the gun manufacturer, seller or distributor under product liability laws.

If you or someone you know has suffered personal injuries as a result of using a dangerous or defective product, an experienced and knowledgeable personal injury lawyer can advise you on whether you may have a claim against the product manufacturer or seller and can help you receive the maximum damages recoverable under the applicable law.

The judgment is among the largest ever issued against a foreign nation under the Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie & Hart.

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.

For example, a retailer might have injuries in the nature of breach of warranty liability in suits brought against retail sellers by injured consumers under the Uniform Commercial Code that the retail sellers would be seeking indemnification of from the California based wholesale distributor.

Under the Civil Code's sales contract regime, the statutory «quality» warranty imposed on sellers essentially takes the form of a warranty against «latent» defects (Articles 1726 and ff.

The moral of the story is: if you don't offer enough commission (co-op) and there is a shortfall against what a buyer under contract has agreed to pay, it's a problematic situation that can cost seller's more money than they were hoping to save!

I both sell and purchase properties via the lease option method and one of my protections as the lease option buyer is knowing that the seller / owner can not sell or refinance the house out from under me as long as I have that recorded option against the property effectively creating a lien.

Conversely, under a Fee for Services arrangement Buyer's and Seller's have an expectation of saving money against a Commission arrangement — consequently there can be real pressure on the Registrant to wrap things up sooner and this pressure could potentially undermine Fiduciary obligations should the Registrant take improper steps to expedite a sale!

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).

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

Under Florida law, if a seller breaches a warranty, like the implied warranty of habitability, then the buyer can file a lawsuit against the seller to recover his or her damages.