If he failed to provide payment for her on his death, her right to that payment became enforceable by a direct right of action for breach of
contract against his estate.»
Not exact matches
Actions for breach of
contract can be
against vendors, clients, employees, former employees, employers, real
estate or business partners, or any other entity where a
contract exists between a business and another person or entity or between participants in a business.
Edison Subs, LLC — a transferee of a Edison, New Jersey Subway restaurant — brought an action in New Jersey state court
against the franchisor (Doctor's Associates, Inc.), the former franchisee (Aliya Patel), and the franchisor's affiliate (Subway Real
Estate Corp.), alleging breach of
contract, fraud, violations of the New Jersey Consumer Fraud Act, negligent misrepresentation, and violation of the covenant of good faith and fair dealing.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction
contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other
contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real
estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims
against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought
against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
Recent examples include defending
against a civil RICO claim, allegations of discriminatory lending practices under the Fair Housing Act and Equal Credit Opportunity Act, breach of fiduciary duty claims, and insurance coverage claims, as well as prosecuting a breach of construction
contract claim and various tort and
contract claims related to a real
estate dispute.
Some of the more frequently overlooked (and therefore dangerous) limitation periods include: i) the limitation period set out in section 38 (3) of the Trustee Act which applies to certain claims brought by or
against the
estate of a deceased person; ii) the 6 month limitation period for dependent's relief claims that is set out in section 61 of the Succession Law Reform Act; and iii) the one year limitation period set out in section 259.1 of the Insurance Act, which applies to «a proceeding
against an insurer under a
contract in respect of loss or damage to an automobile or its contents».
Represented an
estate of energy corporation in a Chapter 11 adversary proceeding
against an energy purchaser and its insiders for claims in excess of $ 5 million including fraud, fraudulent transfer, and breach of
contract.
The purchasers brought an action for breach of
contract against the vendors, the real
estate agent and his brokerage for deceit.
Other stories look at steps you can take to protect yourself
against liability for infringing photo copyrights, why
contract signings for residential real
estate is holding up well despite economic uncertainties around the word, and how U.S. real
estate pros benefit from international conferences like the one later this month in Cannes, France.
You seem to be in minority advocating
against presenting in person citing «Expressed or implied» as a way to ratify a real
estate contract (good luck at the courts with that).
is absolutely correct, Barry Hanna of the Real
Estate Training Institute, Edmonton Alberta had informed a group of Realtors (R) at a credited course he had spoken directly to a Lawyer who was contemplating a «arguement»
against the Real
Estate Purchase
Contract, just think what this guy would think he could do with even a volunteered Property Disclosure.
The Supreme Court of Rhode Island has decided whether a purchaser can bring a lawsuit
against a seller of real
estate and its representatives when the purchaser discovers, following the closing, that a purchase
contract contingency could not be met.
The court stated that «it can not make for sellers a better or more sensible
contract than the one they made for themselves,» and added that even if the court found an ambiguity in the
contract, the ambiguity would be construed
against the Sellers because their real
estate salesperson had provided the form
contract.
And if you do hold an open house, check your real
estate representation
contract and your insurance policy to see if you are properly protected in the event of a bad act
against you, your belongings, your beloved ones or your Realtor.
Last year, Prudential Real
Estate said it received $ 1.9 million from Mason McDuffie Real
Estate Inc. to settle a breach of
contract lawsuit Prudential Real
Estate filed
against the Pleasanton, Calif. - based brokerage after it switched its franchise affiliation to Better Homes and Gardens Real
Estate.
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
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
The Bureau's proposed § 1026.37 (g)(1) would have required the disclosure of taxes and other government fees for recording of documents and transfer taxes assessed
against the purchase price of a real
estate contract or the loan amount under the subheading «Taxes and Other Government Fees.»