Sentences with phrase «existence of a written agreement»

the existence of a written agreement or court order regarding custody or parenting time by both parents; and

(10) In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the agreement.

In addition, courts take the existence of a written agreement into consideration in analyzing whether an independent contractor relationship existed between the parties.

While the existence of a written agreement is not dispositive as to whether the relationship is in reality that of an independent contractor, a written agreement not only adds important protections for the broker, but is frequently a required element of various state law tests, as well as a required element of certain federal law tests, for determining independent contractor status.

Not exact matches

Although Whitehead does not explicitly use the phrase «relativity of simultaneity,» a denial of absolute simultaneity is clearly implied; it is in complete agreement with what he wrote in Science and the Modern World, where the existence of «the unique present instant» is explicitly denied:

Legal separations come into existence as part of a court order or by written agreement of the parties.

25 (1)» If a brokerage has a seller as a client and an agreement between the brokerage and the seller contains terms that relate to commission or other remuneration and that may affect whether an offer to buy is accepted, the brokerage shall disclose the existence of and the details of those terms to any person who makes a written offer to buy, at the earliest practible opportunity and before any offer is accepted.»

(1) If a brokerage has a seller as a client and an agreement between the brokerage and the seller contains terms that relate to a commission or other remuneration and that may affect whether an offer to buy is accepted, the brokerage shall disclose the existence of and the details of those terms to any person who makes a written offer to buy, at the earliest practicable opportunity and before any offer is accepted.»

While the Statute of Frauds in many states bars oral agreements for real estate transactions, New Jersey's Statute of Frauds does not bar oral agreements in real estate transactions if a party can show either of the following: a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the agreement are established in a writing by or on behalf of the party against whom enforcement is sought; or, a sufficient identification of the property to be transferred, identification of the interest to be transferred, identification of the parties to the transaction, and the existence of the agreement proved by clear and convincing evidence.

to appeal den., 95 N.Y. 2d 759)- where broker's original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker's claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant's intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker can not use the same alleged promises as a basis for a cause of action sounding in quantum meruit

Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.