Sentences with phrase «duty upon property»

In Florida, premises liability law places a duty upon property owners to keep visitors, clients, customers, and sometimes even the uninvited guest or trespasser safe from harm while on their property.

Secondly, the Homeowners argued that the Homeowner's Association's bylaws imposed a duty upon the Property Manager and the Homeowner's Association to assure the Homeowners «quiet enjoyment» of their home.

In Florida, premises liability law places a duty upon property owners to keep visitors, clients, customers, and sometimes even the uninvited guest or trespasser safe from harm while on their property.

Not exact matches

that our contest with Britain is founded entirely upon the petty duty of three pence per pound on East India tea, whereas the whole world knows it is built upon this interesting question, whether the inhabitants of Great Britain have a right to dispose of the lives and properties of the inhabitants of America, or not.

Those rights included almost exclusive ownership of the property upon which women carried out their sacred duties of single - handedly creating future generations.

Lenders in most cases can't foreclose upon or take a property because of mortgage debt while service members are on active duty and for up to nine months after discharge.

If the personal injuries are sustained on someone else's property, the duty owed by the defendant landowner to the plaintiff depends upon the plaintiff's status on the land.

As the court notes: «The duty and standard of care are moving targets depending upon when the class member owned the property and when the alleged exposure took place.

A slip or trip and fall claim is based upon the concept of premises liability, which holds property owners liable if they fail in their duty to keep you safe from hazardous conditions.

Since children are presumed not to have the ability to make clear choices and «adult» decisions, Florida law imposes a greater duty of care upon property owners to protect children from harm.

In contrast, sometimes co-owners of property who are both primary borrowers would have no duty to seek indemnification from each other, and sometimes co-owners of property who are both primary borrowers would have a right to seek enough indemnification from the other co - owner / co-borrower based upon their relative percentage ownership in the property.

To be legally liable for the harm, the owner of the property must have acted in a manner that was inconsistent with a duty or a law imposed upon her.

Footnote 17 of the Papadopoulos case notes that perhaps should be the case that, «in the absence of unusual circumstances, a property owner, in fulfilling the duty owed to invitees upon his property to exercise reasonable diligence in removing dangerous accumulations of snow and ice, may await the end of a storm and a reasonable time thereafter before removing ice and snow from outside walks and steps.»

However, the extent of the duty differs depending upon the type of property, and why the person is on the property when injured.

Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser, a licensee (for example, social guests at your house) or an invitee (a person on the property for the purpose of conducting business, like a customer in a store).

«This Will is necessarily uncommon and capricious because I have no dependents or near relations and no duty rests upon me to leave any property at my death and what I

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The Property Manager and the Homeowner's Association argued that this section of the Act only applied to overt acts of discrimination and did not impose a duty upon them to protect the Homeowners from the allegedly discriminatory behavior by the Neighbor.

In Parahoo v. Mancini, the Ohio Court of Appeals made it clear that in Ohio, the property disclosure duties owed by a licensee to a buyer can be very different, depending upon whom licensee represents.

Compensation will be payable upon the full performance of Your duties and after a successful closing of the transaction and sale of the property.

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

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

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission

73 DOS 95 Matter of DOS v. Marotta - consolidation of actions; dual agency; disgorgement of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct of parties; dual agency allowed upon full disclosure and informed consent of both buyer and seller; no commission earned by broker where breach of fiduciary duty; refund unearned commissions

The court found that the agency relationship the buyer's representative had with her client did not impose a duty upon her to protect clients» safety on a buyer's rep since the buyer's rep had no control of the property.

The purchase contract contained an «as - is» clause and also a «Mold Addendum», in which the Buyers acknowledged they had a duty to inspect the property for mold and they had not relied upon any representations by the Seller.