2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not
discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate
Not exact matches
I noticed it was clear instead of brown and
upon closer
inspection,
discovered that I'd accidentally grabbed the lemon extract instead (I blame the distracting 6 year old).
It's about returning to those small, good things, and staying confident in their life - giving properties which may only be
discovered upon closer
inspection.
Upon further
inspection of the yard, Officer Gonzalez
discovered two other dogs locked in a back patio area.
Upon further
inspection of the yard, Officer Gonzalez
discovered 2 other dogs locked in a back patio area.
However, one day the commands stop coming, and
upon closer
inspection Stanley
discovers that the entire facility he works at is devoid of any life whatsoever, and he is miraculously alone.
However,
upon closer
inspection, one
discovers that the lines are not as rigid as they first appeared — swaying slightly with the air current in the room.
Upon closer
inspection, the viewer also
discovers that Xie's handling of the imagery is much more painterly and expressive than first expected, often with areas of loose brushwork.
Upon closer
inspection, the «stars» are
discovered to be predominantly insects that were immortalized against a Plexiglass surface mounted to Stimac's car while he drove across the USA.
Upon closer
inspection, the viewer
discovers the surface of the painting: the shape is comprised of a rectangle of painted canvas, that has been applied to a wooden panel.
Upon closer
inspection however, and only when viewed directly from below, one
discovers intricate drawings of faces done in white pencil.
However,
upon closer
inspection, one would
discover that there was a small dot underneath the «n» in the domain.
Carr says his father - in - law, Russ Willis, did the electrical work in the house and
discovered a low - voltage surge - protector box marked «Made in the USA» that,
upon closer
inspection, had components within it from Canada and Mexico as well as the United States.