Sentences with phrase «claim against the seller»

If there were ever a future claim against the seller or the government, or you wanted to mortgage the property, any reference would be made to the recorded value and not the actual price that was paid.

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.

Where a seller makes representations or warranties that the property does not contain those defects, the buyer may have a claim against the seller for any losses or damages resulting from the defect.

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.

Here is my advice: launch a small claims court claim against the seller alleging «fraudulent misrepresentation».

Although the matter eventually settled out - of - court, it is an intriguing glimpse into how far a claim against a seller might conceivably go in terms of allegations of non-disclosure.

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.

In an interesting case, Dennis v. Gray, the court was asked to determine whether a family with young children should be allowed to go ahead with their damages claim against the seller who failed to tell them one of the neighbours had been convicted of child pornography offences.

In Ham v. Morris, the Supreme Court of Missouri addressed a broker's claims against a seller stemming from an oral agreement regarding a brokerage commission.

In the claim against the seller, the court granted default judgment for Plaintiffs and awarded $ 2,000 in statutory damages.

The trial court dismissed the claims against the seller's broker entities.

Looking at cases from other jurisdictions, the court found that a cooperating broker has no commission claim against a seller, since the cooperating broker's contractual agreement is usually between brokers through a multiple listing service.

In Binette v. Dyer Library Association, the Supreme Court of Maine addressed a buyer's claims against the seller and real estate agent and agency for negligent misrepresentation and violation of the Maine Unfair Trade Practices Act (MUPTA) for failure to disclose the existence of an underground storage tank (UST).

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.

For example, if a buyer purchases a condo on Miami Beach, only to discover after he or she moves in that the condo's central air conditioning does not adequately cool down the property, then he or she has a warranty claim against the seller because a latent defect (a hidden defect) caused a failure of the ac unit to meet ordinary, normal standards reasonably to be expected of a condo of comparable kind and quality.

Not exact matches

The equipment becomes the property of the purchaser on delivery, but the seller holds a mortgage claim against it until the amount specified in the contract is paid.

He claimed short - sellers speculated against the taxpayer because the institutions knew that the banks would precipitate an intervention by the taxpayer if shares were to go down.

The Federal Trade Commission has filed complaints against online sellers who made health claims for natural progesterone creams without supporting evidence.»

Special Warranty Deed A deed that protects a property buyer from any claims against the title that arose during the seller's possession.

If no claims have been made against the title since the previous title search was done, the seller's insurer may consider the property to be a lower insurance risk.

The pound, for example, gapped lower against most of its peers at the start of the week and then got swamped by even more sellers, thanks to a Sunday Times report over the weekend that claimed that as many as 40 members of Parliament agreed to sign a letter of no - confidence, which alarmed market players since it only takes 48 to trigger an official leadership challenge on the PM.

The only way to protect yourself against these bogus claims is to get a valid proof of delivery — to qualify for eBay's seller protection, you need «online documentation from a postal company» that has «delivered» status, the date of delivery and the buyer's address.

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.

In my email (cc» ed to my lawyer) I asked them to provide a proof that their company is actually hired by Dockers and OTBT to file IP claims against e-commerce sellers.

Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim.

In a warranty deed, seller represents that he owns the property and has the right to sell the property to the buyer and that no liens or claims are against the property except those that are expressed on the face of the deed.

When a dangerous or defective product causes serious personal injury, you may have a claim against the product manufacturer, distributor, seller, maintainer and others who individually or collectively brought the product to market.

An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

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.

Cohen Milstein Sellers & Toll PLLC has successfully prosecuted multimillion - dollar claims against the world's largest automotive and tire manufacturers for defective fuel systems, seat belts, seat backs, stability and handling failures and defective tires.

If you are injured because of a faulty component of your vehicle then you may have a products liability claim against the manufacturer, the seller or distributor of the car and maybe others.

A claim can be brought against a seller even if the injured person did not buy the product directly from the seller.

Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.

At Altman & Altman, LLP, our dangerous drug lawyers represent patients and their families with products liability claims against drug manufacturers, distributors, sellers, and other liable parties.

If you or a loved one is a victim of such cases in Coral Springs, you can hire the services of experienced product liability attorney to file a claim against the manufacturer or seller of the product.

Successfully defended leading seller of home fitness equipment against patent infringement and state law claims relating its distribution of popular fitness equipment in which district court granted summary judgment and Federal Circuit affirmed.

Prosecuted breach of financial warranty and fraud claims against, and obtained eight figure settlement from, sellers of various private manufacturing companies.

After settling claims with the seller, the plaintiffs brought suit against the real estate representatives for negligence and breach of fiduciary duty.

Also, the real estate representative, who served as representative for both buyers and seller, sent a statement to the purchasers indicating that they were waiving any potential claims regarding structural defects against the listing agency, selling representative, and owner of the property.

I would submit that this form is most valuable to lawyers who end up litigating on behalf of litigants claiming damages or defending their positions against same based upon not only dishonest and misleading statements that most assuredly appear on these SPIS smooth deal - facilitator documents, but also upon assumed honestly held but nevertheless misleading statements (the seller «thinks» he / she knows the correct answer to a question, but in fact does «not» know for sure, and guesses... yes... or no) that can ultimately lead to an expensive court case.

Once the buyer and seller sign, without a change, the Agent has not released the buyer or seller and until the Agent does sign, a claim by the Agent could be made against the buyer or seller, or the agents could battle each other.

The Seller filed a third - party action against the Brokerage, claiming that if he had breached the Purchase Agreement, it was caused by the actions of the Brokerage.

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 sellers claimed fraud, negligent misrepresentation, and breach of fiduciary duty against the buyer and the buyer's representative, arguing that the buyer did not make a good faith effort to secure financing, and that the buyer's representative failed to notify the lender that the sellers had agreed to lower the purchase price.

In this decision, the court considered the claims against the entities that acted as the seller's broker in the property transaction.

Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.

However, the listing brokerage may have a claim for commission against the seller and as such, should be careful before signing any mutual release.

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

In Bartsas Realty, Inc. v. Nash, the Supreme Court of Nevada reviewed the dismissal of a broker's claims against a property seller for: (1) tortious interference with contract; (2) breach of oral agreement; and (3) fraud.