Sentences with phrase «contract against the seller»

If the third party buyer takes for substantially equivalent value and had no notice of the prior purchase deal, the third party buyer would have good title; if third party buyer did not purchase for value or had actual or constructive notice of the prior purchase deal, the third party's title would be voidable in a suit to seek specific enforcement of the purchase and sale contract against the seller.

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.

Margin accounts are a big part of buying and selling futures contracts, which allow buyers and sellers to protect themselves against price volatility.

In this way, buyers and sellers are protected against the possibility of contract default.

On the other hand, does the buyer have any protection against the seller breaking the contract?

Under the Civil Code's sales contract regime, the statutory «quality» warranty imposed on sellers essentially takes the form of a warranty against «latent» defects (Articles 1726 and ff.

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.

Successfully represented a worldwide seller of sports nutrition products in an action against a contract manufacturer and formulator of a protein drink after the product had to be withdrawn from the market due to contamination in the manufacturing process.

This is different because some states require privity of contract - meaning that only the original buyer can exercise the warranty and they can only exercise against the seller.

(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.

When the Buyer was unable to secure financing to complete the purchase and thus terminating the contract between the parties, the Sellers brought a lawsuit against the Buyer, the Buyer's representative, and the representative's brokerage, arguing that the Buyer had not acted in good faith in her efforts to secure financing and the Buyer's representative had not forwarded the Amendment to the Lender.

But ask your attorney whether you have any legal courseof action against the seller under your listing contract.

The moral of the story is: if you don't offer enough commission (co-op) and there is a shortfall against what a buyer under contract has agreed to pay, it's a problematic situation that can cost seller's more money than they were hoping to save!

The contract between the seller and purchaser is recorded against the title deed in the deeds office.

Depending on your state law, there may be a contractual right of action against the seller because the cooperative commission appeared in the listing contract.

Buyers should also ask to receive proof (receipts or contracts) of any preventive measures against termites taken by the sellers.

First, exclusive buyer agency agreements are contracts that are enforceable in a court just as listing agreements are enforceable against sellers.

If for whatever reason Brokerage B does not receive it's commission, it has no recourse against the seller — the listing contract is between Brokerage A and the seller.

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.

«The selling salesperson has egg on her face now and the buyer is upset, but she has no remedy against the seller nor any ability to get out of or even renegotiate the sales contract.»

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 Buyers brought a lawsuit against the Seller alleging failure to disclose, misrepresentation, breach of contract, and negligence.

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 cosellers 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 coSellers because their real estate salesperson had provided the form contract.

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).

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

Delano v. Umbreit (10 Misc.3 d 1054A)-- cause of action exists against seller in fraud where seller elects not to provide PCDS and provides $ 500.00 credit and after such election makes a false representation about the heating system and concealed the true condition of the heating system (seller installed dummy heating vents in walls, lied about it post contract and later admitted knowing about the subterfuge).

Troiano v. Tuccio (227 A.D. 2d 467)- fraud; disclaimer provision in sales contract between purchaser and seller does not inure to benefit of broker; complaint against broker alleging broker fraudulently induced purchaser to purchase property is reinstated.

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

The best way to deal with it when you find a home you love is to present your best offer as touched on in # 18, let the Seller know how you feel about their home as discussed in # 13, make sure you got # 2 covered, make sure all your «t's» are crossed and «i's» are dotted, your conditions noted in contract are favorable in the Seller's eye's and you then just might have a fighting chance against the Cash King, particularly if they present a low ball offer because they think Cash is King.

The Buyer filed a multicount lawsuit against the Buyer's Representative, Listing Broker, and the Seller alleging violations of the state's property condition disclosure law, fraud, breach of contract, negligence, and deceptive trade practices.

The allegations against the Seller were for breach of contract, misrepresentation, and intentional infliction of emotional distress, while it was alleged that the Brokerage breached the state's unfair or deceptive trade practices act («Act»).

The Buyers spent over $ 20,000 remedying these problems and then filed a lawsuit against the Sellers alleging breach of contract and fraud.

Moreover, pre marketing is a breach of the listing contract, making it easier for a seller to pursue a claim against a listing agent who is knowingly promoting a «coming soon» listing.

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).

Where the deposit money is not replaced, the seller must be fully advised of the situation and advised to obtain legal advice as to whether or not the contract is still binding and whether or not the seller has a claim against the buyer.

«While I agree with the Supreme Court that... in his pursuit of a legal remedy for fraudulent misrepresentation against the seller, plaintiff hasn't a ghost of a chance, I am nevertheless moved by the spirit of equity to allow the buyer to seek rescission of the contract of sale and recovery of his downpayment...

Closing Disclosure statement - details all funds changing hands between the buyer and seller Truth in Lending statement - a final summary of the terms of your loan Mortgage note - a legal obligation to repay the lender according to stated terms Deed of trust - the legal transfer of ownership; gives the lender a claim against your home if you fail to meet the terms of the mortgage note Affidavits - any binding statements by the buyer or seller Riders - any contract amendments that impact your rights Any additional documents required in your state