However, real
estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of the insured... Read More»
However, real
estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of the insured lawyer — the risk targeted by the Real Estate Practice Coverage Option (REPCO)-- have turned out to be rare.
Not exact matches
Cadre, a three - year - old, New York -
based online platform helping accredited investors delve into commercial real
estate deals in what it
claims is a far more transparent way, has received a big vote of
Lawyer Ron Usher spent the last five years examining and fact - checking
claims made by At Will Events — a Canadian -
based marketing and event planning firm that offers free seminars on how to invest and make money in the U.S. real
estate market, among other topics.
The servicing activities are performed on a fee - for - service
basis and involve the management of mortgage payments, escrow accounts, and insurance
claims, as well as the administration of foreclosure procedures, and the preservation and disposal of real
estate owned.
«ST. JAMES, N.Y., June 30, 2010 — Gyrodyne Company of America, Inc. (NASDAQ: GYRO), a Long Island -
based real
estate investment trust, announced today that the Court of
Claims of the State of New York issued an opinion requiring the State to pay to Gyrodyne an additional $ 98,685,000 for land appropriated in 2005.
If the homeowner was to eventually sell the home and not purchase another, the obligation would become a low - interest loan obligation and would eventually be a
claim on the
estate of the homeowner, but with an initial exclusion at low income and a progressive recovery rate
based on the size of the
estate.
Except that David
claimed to have the benefit of a proprietary estoppel against Peter and his
estate, on the
basis that over 15 years or more he acted to his considerable detriment in reliance on an expectation repeatedly encouraged by Peter that he (David) would inherit Peter's
estate, or at least Steart Farm — such that it became unconscionable for the same to be disposed of elsewhere.
Daniel Chill arrived at her home in Ridgefield, Connecticut; he
claimed that, given the favorable results that he, along with Reich and Mallis, had obtained in the
estate litigation, they were each entitled to a bonus; and, he explained that this type of bonus payment was routinely made to attorneys
based upon excellent service.
In contrast, the Ontario Court of Appeal in Heaslip
Estate v Mansfield Ski Club declined to strike the
claim of plaintiffs who argued that the government acted negligently by failing to send air -
based medical support to transport an injured teenager, contrary to the government's own guidelines.
He has extensive experience in the defense of Workers Compensation
claims, Utility -
based personal injury, medical malpractice, and
estate litigation.
Here, the Court of Appeal denied the
estate trustees»
claim to recover their costs on the
basis of unreasonableness and self - interest.
The «spread» between litigation -
based and real
estate -
based claims increased slightly in 2015, while recent shifts in the incidence of corporate law and wills and
estates claims moderated.
Following Ms Jackson's death, her daughter did make a
claim on her
estate under the Inheritance (Provision for Family and Dependants) Act 1975 on the
basis that she was on a very low income of state benefits and required reasonable financial provision to be made to her from her late mother's
estate.
The first
claim,
based on a real
estate lawyer's failure to make proper disclosure to his client, Mrs. Mraz, failed because the lawyer had discussed matters with Mr. Mraz, whom the Court found was Mrs. Mraz's agent (at para 18).
To avoid
claims based on a client's non-receipt of the rebate (or on having had it clawed back), a real
estate lawyer must understand the rules.
However, the defendants disputed the claimant's title to bring the
claim on the
basis she had no interest in the
estate by the proceedings — even on intestacy she would not take anything as she was not married to the deceased.
Independent adult children are generally considered to have a moral
claim to receive part of their parent's
estate subject to a number of factors including whether they are other claimants (such as those of a spouse) and the size of the estate, based on the precedent setting Supreme Court of Canada decision in Tataryn v Tataryn E
estate subject to a number of factors including whether they are other claimants (such as those of a spouse) and the size of the
estate, based on the precedent setting Supreme Court of Canada decision in Tataryn v Tataryn E
estate,
based on the precedent setting Supreme Court of Canada decision in Tataryn v Tataryn
EstateEstate.
An unjust enrichment
claim can be made against an
estate on the
basis that the deceased obtained an unfair benefit at the expense of the person making the
claim (claimant).
LCF Law's professional negligence practice is particularly noted for acting for individuals in
claims against solicitors arising from inheritance disputes, as demonstrated by Bradford -
based Ragan Montgomery's representation of an individual in a
claim against his stepfather's former solicitors alleging negligence for failure to take adequate instructions as to the extent of the deceased's
estate in drafting his will and for failure to properly execute the will in circumstances where the solicitors knew of the deceased's pending marriage and terminal illness.
Harbour
Estate Ltd v. Charania, Central London County Court [2008]--(acted for a firm of estate agents in a claim for payment of commission, unsuccessfully resisted by the vendor on the basis that the estate agents had not introduced the purchaser to the transa
Estate Ltd v. Charania, Central London County Court [2008]--(acted for a firm of
estate agents in a claim for payment of commission, unsuccessfully resisted by the vendor on the basis that the estate agents had not introduced the purchaser to the transa
estate agents in a
claim for payment of commission, unsuccessfully resisted by the vendor on the
basis that the
estate agents had not introduced the purchaser to the transa
estate agents had not introduced the purchaser to the transaction)
Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort -
based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and
estates and trusts.
In a career spanning over 36 years, Mr. Ramos has achieved over $ 5 billion in monetary recoveries for his clients, obtained injunctive relief in numerous matters, and successfully defended hundreds of clients in defeating
claims asserted, on an individual or class
basis in court and regulatory proceedings and arbitrations, in IP, antitrust, securities, products liability, environmental, executive compensation, employee benefits, contract, warranty, insurance, corporate control, merger, hostile takeover, real
estate, landlord - tenant, oil and gas, auction, tax, and theatrical and art law disputes.
Between 2001 and 2009, real
estate claims costs increased 185 per cent (
based on numbers available as of February 28, 2012).
The primary
basis, in Walker
Estate was the sufficient - condition version of a material contribution to injury test because, according to what the Court wrote, in
claims arising out of the negligent screening of blood donors, it was NOT necessary for the plaintiff's to satisfy the requirements of the but - for test.
The Court also
claimed that the primary
basis upon which Walker
Estate was decided was the but - for test.
Lead trial counsel defending a New York -
based REIT against a real
estate fraud
claim for $ 7.5 million plus a punitive damage
claim.
Web -
based platforms can support malpractice risk management For LawPRO, one of the most compelling benefits of web -
based real
estate portals is their potential to limit malpractice
claims by reducing potential for errors and improving lawyer - client communications.
The motion judge dismissed the defendants» motion on the
basis that the
Estate's
claim was statute barred, as Mrs. Zimmerman, the
Estate trustee, discovered the Acknowledgements in 2010 following her husband's death.
That's a lot of ghostly real
estate to
claim as your home
base while you find the perfect cobwebbed basement to adopt.
While not the first blockchain
based real
estate startup, Property Coin (PCX) is in the midst of a security token offering that is
claiming first... Read More
If the parent has died without a will, the child may present a
claim to all or part of the
estate based on the doctrine.
If the parent died with a will and the child was not mentioned in the will, the child may still present a
claim for a portion of the parent's
estate on the
basis of being an omitted or pretermitted child.
The bureau's application before the tribunal requested that TREB eliminate rules that it
claimed «denied real
estate agents the ability to introduce innovative Internet -
based real
estate brokerage services, such as Virtual Office Websites (VOWs).»
«Of all the
claims we defend, one - quarter to one - third are situations in which the real
estate practitioner has done nothing wrong,» says Karen Chambers, managing director of real
estate professional liability for Travelers, an insurance agency
based in St. Paul, Minn..
remember they don't really charge much so how can they
claim that amount??? Their
claim is
based on being involved in the majority of real
estate deals in Canada since 2006... completely laughable.
The court easily dismissed that
claim because the agent was not registered under Ontario's Real
Estate and Brokers Business Act, which prohibited the arrangement on which the plaintiff
based her
claim.
Zoocasa will utilize the TREB By - Laws and those of other Ontario Real
Estate boards, which do not provide for the limitations on sold data that TREB is
claiming, to be the
basis of winning the complaint.
* sources: 1) Toronto Star Oct. 27,2010 by Tony Wong: «This will be a game changer,»
claims Lawrence Dale, founder of Toronto
based Realtysellers Real
Estate Inc. «There are no gimmicks.
Aitken subsequently filed a complaint against the Toronto Real
Estate Board, claiming that it has rules that «denied real estate agents the ability to introduce innovative Internet - based real estate brokerage services, such as Virtual Office Websites (VOWs).&
Estate Board,
claiming that it has rules that «denied real
estate agents the ability to introduce innovative Internet - based real estate brokerage services, such as Virtual Office Websites (VOWs).&
estate agents the ability to introduce innovative Internet -
based real
estate brokerage services, such as Virtual Office Websites (VOWs).&
estate brokerage services, such as Virtual Office Websites (VOWs).»
For the past year, the Itasca, Ill. -
based insurance broker has been collecting
claims and other data from several large real
estate brokers that have implemented a customer - service program through Quality Service Certification Inc., a customer - relations management company in San Juan Capistrano, Calif..
The following examples (detailed in the Appendix) illustrate how these new changes would affect different real
estate professionals
based on how their income is earned, income they may
claim from a spouse, and how their business is structured.
Robert Bass, Robert N. Bass Ltd., an Phoenix -
based attorney and educator whose law practice concentrates in defending real
estate licensees in errors and omissions claims before the Arizona Real Estate Department, talks about working effectively with attorneys and avoiding disputes that can derail
estate licensees in errors and omissions
claims before the Arizona Real
Estate Department, talks about working effectively with attorneys and avoiding disputes that can derail
Estate Department, talks about working effectively with attorneys and avoiding disputes that can derail deals.
An Illinois appellate court has considered whether a buyer could
claim specific performance of a real
estate contract
based on a right of first refusal the parties had agreed to negotiate but had never reached an agreement on its specific terms.
Based on the time spent by the Fowlers managing their real
estate properties and because the Company's activities were related to a real
estate business or trade, the Taxpayer
claimed that he qualified as a real
estate professional under the Code's definition and was exempt from the Code's passive - activity loss requirements.
An Idaho federal court has considered whether class action lawsuits are the appropriate way to resolve
claims that real
estate brokerages improperly charged inflated commissions for transactions involving undeveloped properties because the commission amounts were
based on the properties projected developed value.
A federal appellate court has considered whether an insurance company properly denied coverage to a
claim submitted by a real
estate brokerage
based on a pollution exclusion found in the policy.
Reiser, Inc. v. Roberts Real
Estate (292 A.D. 2d 726)--
claims that broker breached listing agreement
based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's
claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's
claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment
HomeLight is a referral -
based site that
claims to match homebuyers and sellers with unbiased real
estate agent recommendations
based on transaction performance data.
Williams Real
Estate Co., Inc. v. Ann Taylor, Inc. (251 A.D. 2d 230)- no
basis upon which to seek a brokerage commission where exclusive brokerage agreement did not contain a protection period and first substantive negotiations occurred a year and a half after expiration of the exclusive brokerage agreement; broker's
claim for commission against tenant fails where exclusive brokerage agreement provides that broker would seek a commission only from landlord of the premises; broker fails on procuring cause standard where there is no evidence the broker brought the parties together on mutually agreeable terms; no evidence presented that tenant acted in any manner to deprive broker of a rightful commission.