Sentences with phrase «broker against the buyer»

Court of Appeals of Georgia addressed a commission dispute by a broker against the buyer and seller of property.

Not exact matches

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.

The trial court decided that the defects were disclosed to the buyer and dismissed his case against the brokers.

The Buyers also filed a complaint with the state's real estate commission against the Brokerage's principal broker and Hopkins, but the commission dismissed the complaint.

Subsequently, the seller filed a lawsuit against Maki claiming, among other things, that the broker had breached fiduciary duty to the seller by making false representations regarding the buyers» ability to obtain financing and by misrepresenting the operation and effect of the home inspection contingency.

The Court of Appeals of Wisconsin addressed several claims against a seller's broker stemming from the buyer's subsequent discovery of contamination from a previously - leaking underground storage tank.

After the purchase, the buyer learned that water damage had created structural problems on the property and he filed suit against the seller, the listing broker, and his own buyer's representative for misrepresentation of the property.

The Buyers brought a lawsuit against the listing broker («Listing Broker»), alleging that they had a duty to disclose that the property had not been cleaned up.

An Ohio appellate court has considered whether a buyers» lawsuit against a listing broker over flooding on the property could proceed when then property was sold «as - is» and the buyers knew of the potential for flooding on the property.

In Hagans v. Woodruff, the Court of Appeals of Texas addressed a buyer's allegations of negligent misrepresentation and violations of the Texas Deceptive Trade Practice Act (DPTA) against a broker.

A Georgia court has considered a buyer's lawsuit against the seller and the listing broker over the misidentification of a property in a listing.

In Newell v. Krause, the Supreme Court of Kansas addressed a broker's claims of fraud against a buyer, a seller, and related corporations.

Two courts have considered whether a lawsuit can be brought against a buyer's representative who is compensated by a seller's broker alleging violations of the federal Residential Lead - Based Paint Hazard Reduction Act of 1992 («Act»).

A New York appellate court has considered a buyer's representative's lawsuit against the seller of a property and the listing broker over the seller's cancelation of the purchase transaction, costing the buyer's representative a commission.

After the court dismissed the claims against the appraiser and the broker, the buyer appealed those rulings.

A Maine federal court has considered whether a seller of a vacation home can successfully allege fraud against a broker when the only remedy sought by the seller was rescission of the purchase agreement between a buyer and seller.

Keys to the Lake Lodging Co., LLC («Buyer's Representative») filed a notice of broker's lien right against those units and mailed a copy to the Seller, claiming a commission from those transactions.

An Illinois appellate court has considered whether buyers» lawsuit against a listing broker for incorrectly identifying a property's school district could proceed.

In Mouning v. Carswell, the Superior Court of Connecticut addressed allegations of fraud, negligence, and breach of contract by a buyer against a broker.

In a case previously summarized in The Letter of the Law, a federal court has considered whether a buyer's allegations could proceed against a listing broker for negligent misrepresentation when the listing broker failed to disclose the presence of lead paint on the property.

A Georgia appellate court has considered a buyer's lawsuit against her real estate representative and the listing broker concerning their alleged failure to help her discover a gas leak in the house she purchased.

Therefore, the court ruled that the only commission claim that the Buyer's Representative could bring would be a claim against the listing broker, not the Seller, and so dismissed the lawsuit against the Seller.

A South Carolina court has considered whether a seller's failure to provide a completed disclosure form to the buyer gave the buyer a cause of action against the seller and the real estate brokers.

Also, in some areas the listing brokers do not want to offer the Buyers realtors less than the «normal» rate (normally this is 2 % to 3 % commission) because they do not wish to be discriminated against by the established Realtors in the area who want to keep the commissions higher.

Brown & Son Realty v. Greenberg (195 A.D. 2d 583) broker causes suit against buyer and seller; summary judgment granted to buyer, as no contractual relationship; question of fact as to procuring cause re: seller.

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

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).

Lubeck Realty v. Flintkote Company (170 A.D. 2d 800) broker representing buyers, fails to prove commission claim against seller, as well as existence of an agreement as to essentials of the transaction.

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

¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).

NEW YORK / SYDNEY (Reuters)- For the first time, the Chinese have become the biggest foreign buyers of apartments in Manhattan, real estate brokers estimate, taking the mantle from the Russians - whose activity has dropped off since the unrest in Ukraine and the imposition of sanctions against Russia by the United States.

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

However, sometimes the buyer is intentionally mislead about how big or how small the property he or she is purchasing really is — and that intentional behavior is the basis of a fraudulent misrepresentation lawsuit against a real estate broker, real estate agent, and / or seller, in which the victim seeks recovery of their damages.

The sellers and their broker moved for summary judgment on the buyer's claims against them, and the trial court granted their motion.

Here, the seller may have not only a breach of contract claim against the buyer but also a complaint about the broker with the licensing board (as well as a legal claim against the broker).

Brokers said sales were dampened by a slowdown in closings in new luxury buildings, as well as a rebellion by condo buyers against high asking prices.»

The broker filed suit against the buyer.