The Broker recorded the final judgment against the property, filed a motion with the trial court seeking to enforce
the judgment against the Buyer, and the Broker also filed a «Notice of Lis Pendens» («Notice»).
Not exact matches
If the original creditor sold its
judgment to a debt
buyer, you might be able to defend
against any garnishment.
Brown & Son Realty v. Greenberg (195 A.D. 2d 583) broker causes suit
against buyer and seller; summary
judgment granted to
buyer, as no contractual relationship; question of fact as to procuring cause re: seller.
Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary
judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission
against buyer in second transaction where sellers agreed to pay the brokerage commission
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata;
judgment rendered in civil court between
buyer and seller is not controlling in administrative proceeding
against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a
buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a
buyer that the law requires a seller to make; disclosure by seller's agent to
buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to
buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed
¶ 44 We reach the same conclusion for
Buyer's remaining negligence allegations
against Paramount, which we note for the record, were not specifically addressed in
Buyer's motion for partial summary
judgment.
¶ 1 After purchasing a home in Enid, Oklahoma, Plaintiff Jason Stauff (
Buyer) filed an action alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence
against the sellers, real estate broker, and home inspectors.1
Buyer appeals a single trial court order granting 1) summary
judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).
If the purchase money loan for any type of real property is financed by the seller and secured by that same property, the lender / seller may not obtain a deficiency
judgment against the defaulting borrower /
buyer..
Thus, the
buyer would lose the protection
against a deficiency
judgment in the event of a default
The sellers and their broker moved for summary
judgment on the
buyer's claims
against them, and the trial court granted their motion.