The court awarded half of the $ 110,000 in
damages against the sellers and half against the real estate agent.
Not exact matches
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.
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.
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.
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.
Further, the court ruled that since the
seller didn't seek
damages, but rather wanted to rescind the sale, the
seller had no basis to assert fraud
against the broker, who wasn't a party to the purchase agreement.
If you post a listing on MLS without conducting due diligence to ensure there are no hidden deficienies the
seller will most likely be sucessfull in obtaining
damages against you for negligence according to common law.
These
damages are assessed
against all defendants — the 100 per cent guilty Realtor as well as the 100 per cent personally blameless
seller (remember his vicarious liability?).
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.
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.
In the claim
against the
seller, the court granted default judgment for Plaintiffs and awarded $ 2,000 in statutory
damages.
A California court has considered whether a broker could successfully bring a lawsuit
against seller's husband for
damages because of the husband's interference in the contractual negotiations.
Peltonen v. Halstead Property Corp. (10 Misc.3 d 130A)-- small claims judgment in favor of broker dismissing
seller's action
against broker affirmed; evidence supports a finding that broker satisfactorily performed its contractual obligations and that
seller suffered no
damages as a result of broker's «defective» services;
seller's condominium apartment was sold within one month of the parties» listing agreement and at a purchase price exceeding the asking price in a co-brokered transaction.
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.
THIRD PARTY DISPUTES (
SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of
Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
Seller against or in any way involving Broker that seeks payment of a commission or money
damages in connection with the sale or attempted sale of the Property,
Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&ra
Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).
Under Florida law, if a
seller breaches a warranty, like the implied warranty of habitability, then the buyer can file a lawsuit
against the
seller to recover his or her
damages.
The Buyer brought a lawsuit
against the
Sellers, and the trial court ruled that the
Sellers were guilty of negligent misrepresentation and also ruled that the Buyer had suffered $ 25,000 in
damages.