Sentences with phrase «assert against the seller»

Not exact matches

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.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

Michigan law requires the accident victim to assert the claim against the seller of the alcohol within 120 days after he or she retains an attorney.

Further, the court ruled that since the seller didn't seek damages, but rather wanted to rescind the sale, the seller had no basis to assert fraud against the broker, who wasn't a party to the purchase agreement.

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.