The case involved sellers who sued potential
buyers for breach of contract and two real estate brokers for breach of fiduciary duty.
Not exact matches
In fact, the Authors Guild posted a statement earlier this month saying it believes that Amazon is actually in
breach of contract with some
of the publishers whose books it's offering to lend — since the Guild says buying books in bulk (as Amazon has done in some cases, so it can offer them
for free to subscribers) doesn't allow the
buyer to lend those books in the way Amazon intends.
When a
buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller
for breach of contract.
A
buyer injured by a violation
of this Part or by a credit repair services organization's
breach of contract subject to this Part may maintain an action in a court
of competent jurisdiction
for recovery
of actual damages plus costs
of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount
of recovery.
(a) Any
buyer injured by a violation
of this title or by the credit services organization's
breach of a
contract subject to this title may bring any action
for recovery
of damages, or
for injunctive relief, or both.
1 Apr. 21, 2016)(unpublished),
buyers of seaside property sued seller and a dual broker agent
for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told
buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery
of a buried oil and septic tank on the property.
The purchase and sale
contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records
of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a
breach was imminent (because it is very rare
for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original
contract was
breached and the
buyer disagreed.
Obtained summary judgment
for the leasing and financing arm
of an aircraft manufacturer in a fraud and
breach of contract case surrounding a sale and leaseback arrangement with a potential
buyer.
(2) Unless the
buyer has received notice from the seller that he will not perform within the period so fixed, the
buyer may not, during that period, resort to any remedy
for breach of contract.
(3) No period
of grace may be granted to the seller by a court or arbitral tribunal when the
buyer resorts to a remedy
for breach of contract.
(2) If the goods do not conform with the
contract, the
buyer may require delivery
of substitute goods only if the lack
of conformity constitutes a fundamental
breach of contract and a request
for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.
In fact, the vast majority
of new home or condominium - purchase agreements do not allow the original
buyer to assign the
contract to someone else and stipulate that any attempt by the
buyer to do so, or to list the home
for sale on the MLS system or otherwise, or else list the property
for rent, will put the original
buyer in
breach of the agreement.
In fact, if an agent uses an agreement and fails to perform, they can be sued
for breach of contract so any agent intending to tie up a
buyer with one is setting themselves up
for trouble.
From what you wrote above «if there is a listing out there offering $ 500
for example I will not be showing it to a
buyer» this is immoral, against your duties as a
buyer's agent, and potentially a
breach of your
contract (assuming one was in place) with the
buyer's that you represent.
Here, the
buyer risks being liable
for breach of contract damages in a civil lawsuit (again, this depends on the
contract — some
contracts only allow a seller to keep the deposit in the event
of a default by the
buyer) unless he or she can prove a legal basis
for backing out
of the deal.
When a
buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller
for breach of contract.
Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause
of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive
buyer's agent; broker may proceed both on
breach of contract and quasi-
contract theories where there is a bona fide dispute as to the existence
of a
contract or the
contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance
of a written agreement; broker negotiated lease terms
for principal with a third party which principal used to negotiate their own lease terms with their current landlord.
Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)-
Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affi
Buyer sues seller
for fraud, misrepresentation, mistake
of fact and
breach of contract where
buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affi
buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement
of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use
of means available to him to ascertain, by the exercise
of ordinary intelligence, the truth
of such representations; question
of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion
for summary judgment affirmed.
2d 651)-- remedies provision
of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither
contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part
of the
buyer and relieves the seller
of any potential liability
for defects that arise in regard to the part
of the premises covered by the question; any information disclosed during the sale
of the property merges into the
contract and does not exist on its own basis
of a common law cause
of action;
buyer's action based on
breach of the disclosure statement is dismissed on the grounds that no such cause
of action is created by RPL Article 14;
buyer's relief exists under common law
contract theories and
buyers have not proven their prima faciecase under those theories
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to
buyer upon first substantive contact; broker fails to make it clear
for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker
breaches fiduciary duties to seller clients by misleading them as to
buyer's ability to financially consummate the transaction; broker
breaches his fiduciary duty to seller by referring seller to the attorney who represented the
buyers when he knew or should have known such attorney could not properly protect seller's interests; improper
for broker to use listing agreements providing
for broker to retain one half
of any deposit if forfeited by
buyer as such forfeiture clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing
contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales
contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using
contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement
for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible
for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on application
for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests
for deposits unlawfully retained
Buyer sued Broker
for fraud, negligence, and
breach of contract.
The
Buyer sued the Sellers and Smith Bell
for fraud, negligent misrepresentation and
breach of contract, and Smith Bell
for violation
of the Vermont Consumer Fraud Act (the «VCFA»).
Lots
of real estate lawyers receive calls about this scenario — The escrow agent willfully
breaches the
contract or is grossly negligent
for misdelivering the deposit to the
buyer or the seller when there is a dispute i.e. there are conflicting demands
for the deposit because the transaction has or is falling apart.
When a
buyer breaches a real estate
contract, a seller must decide whether to close the transaction, seek specific performance
of the agreement or seek monetary damages
for the
breach.