Thus, the court upheld the misrepresentation
allegations against the licensees.
Not exact matches
Chief Judge Rader feels that Motorola may have been right with its
allegation that Apple was an unwilling
licensee against whom the pursuit of injunctive relief would have been appropriate:
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding
against licensee where DOS and
licensee were not parties in the civil suit and professional conduct of the
licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its
allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed
The
licensee should also speak to his or her managing broker about assisting in preparing and reviewing the response, even if no
allegations are made
against the managing broker.
¶ 43 Taking as true all four of Buyer's
allegations of professional negligence
against Paramount, we conclude the first
allegation, i.e., «failing to disclose all documents and information necessary to [Buyer],» as this Court previously held, addresses the conduct of a real estate
licensee that is subject to the Disclosure Act.