Licensees involved in establishing floor measurements of commercial properties should be aware of the numerous measurement methods available.
The statute states that «the seller of real estate» is required to deliver a written disclosure of the property's condition to the buyer and all real estate
licensees involved in the transaction.
Sometimes there are a number of
licensees involved in a transaction that has resulted in the filing of a complaint.
To assess the conduct of all of
the licensees involved in a fair and impartial manner, it may be necessary to require all licensees to give evidence at a formal hearing.
In all three cases, the one common theme that is painfully obvious is that none of
the licensees involved apparently understood or knew much about agency.
The buyers sued the sellers and
the licensees involved in the sale.
[16] In a change to another regulation, «
each licensee involved in a transaction as a statutory agent or a transaction broker shall ensure the completeness and accuracy» of the agency disclosure.
«Very few cases brought against
licensees involve pure agency issues, and licensees who work as facilitators with consumers could still be found by a court to have created an unintentional agency relationship by their actions.»
When dealing with a customer,
the licensee involved in the transaction, along with the managing broker, must act honestly and with reasonable care and skill.
Usually when a consumer is being treated as a customer,
the licensee involved in the transaction is already acting as agent for the other person in the transaction.
Not exact matches
These
licensees would discount the prospective value of the invention due to the difficulty
involved with protecting inventions from infringement.
Other problems include the rising practice of parallel importing, which
involves bypassing the local
licensees of a product and buying the product from third parties in countries such as Indonesia, Brazil, Malaysia and the US.
(1) The violation by the
licensee of the Tennessee Consumer Protection Act of 1977; (2) Willful falsification of any information contained in the application; (3) The
licensee's conviction of any offense
involving cruelty to animals or a violation of this bill; or (4) The
licensee's nonconformance with: this bill; the rules and regulations of the commissioner; the Non-Livestock Animal Humane Death Act; or the present law provisions governing offenses against animals.
Counsel for a university in a dispute with
licensee and in subsequent successful license negotiations
involving patents related to the diagnosis and analysis of cells and tissue samples.
The in - depth experience our business lawyers have in complex transactions enables us to assist our clients — as both IP licensors and
licensees — with negotiations and deal structuring, and in connection with business acquisitions, financings, joint ventures and strategic alliances
involving IP.
The ability to win a case that
involves being injured on someone else's property usually hinges on whether the victim is considered an invitee,
licensee, or trespasser.
Marco has extensive experience in cases
involving disputes between licensors and
licensees, between parties to collaboration or co-development agreements, and among co-owners of patents and patent applications.
Advice on managing the risks
involved in being a
licensee, including occupational health and safety concerns, public liability concerns and what to expect from Workers Compensation claims
But he is liable if he knows of a condition, realizes it
involves unreasonable risk, has reason to believe the
licensee will not discover it, and he permits the
licensee to enter or remain without warning or making the condition reasonably safe.
As a «racialized»
licensee I would be horrified to think that I was offered a job or other professional courtesy because the lawyers
involved were forced to do so.
However, resolving frequency conflicts often
involves field or road work in which an SMO visits the
licensees, uses specialized equipment to identify the source of the interference and works to remedy the problem
Rule 7.1 - 3 (d) of the LSUC Rules of Professional Conduct states: «Unless to do so would be unlawful or would
involve a breach of solicitor - client privilege, a lawyer shall report to the Law Society,... d) conduct that raises a substantial question as to another
licensee's honesty, trustworthiness, or competency as a
licensee;» Not that reporting another lawyer to the law society is ideal — it appears that we have a duty to do so.
Corsetti and Tzanis have a long list of additional measures they would like to see, many of which
involve ensuring legislation refers to «
licensees» instead of «lawyers.»
In addition, our attorneys regularly represent licensors and
licensees in international and domestic transactions
involving software, patent, trademark, copyright and trade secret licenses.
As a Senior Decision Maker, Ben will determine major GFSC enforcement cases including those
involving findings of serious regulatory shortcomings against a
licensee and / or individual directors.
Claims which are not required to be reported include the following: product liability claims, antitrust allegations, allegations
involving improper peer review activities, civil rights violations or allegations of liability for injuries occuring on a
licensee's property, but not
involving a breach of duty.
NEW RULE VII DISCLOSURE AND INFORMED CONSENT (1)
Licensees shall obtain informed consents from parents
involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation prior to conducting interviews, testing, or other data - gathering procedures.
(1)
Licensees shall obtain informed consents from parents
involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation prior to conducting interviews, testing, or other data - gathering procedures.
(c) The
licensee who is asked to testify regarding a therapy client who is
involved in a parenting plan case, shall be aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship.
(b) a defect that would
involve great expense to remedy; (c) a circumstance that affects the real estate in respect of which a local government or other local authority has given a notice to the client or the
licensee, indicating that the circumstance must or should be remedied; (d) a lack of appropriate municipal building and other permits respecting the real estate.
Ash: There is confusion and that's why there's fear within the general membership and among individual
licensees themselves — from those who have been
involved for one year up to those with 30 years of experience such as myself.
A Texas appeals court has ruled that a
licensee doesn't have to disclose litigation
involving a property if the lawsuit is no longer pending.
«Over the last couple of years, we've had some
licensees that have been
involved in mortgage fraud,» says Oregon's Taylor.
The
licensees filed a lawsuit challenging the Commission's determination as well as the discipline imposed, which
involved suspensions and additional education requirements.
A federal appellate court has considered whether a New York
licensee could collect a commission from a transaction
involving New Jersey land.
To be considered active, a
licensee generally was
involved in at least one real estate transaction in the previous year.
The other case
involves the
licensee's failure to accurately describe beach access on the property.
«Most of the litigation brought against
licensees is for failure to disclose some material defect
involving the value or desirability of the property.
A New York appellate court has considered the sanctions against a
licensee and her broker for their actions in a transaction
involving a variable commission rate.
Generally, they must enter into a cooperation agreement with an in - state
licensee and work through that person on matters
involving the transaction.
The court also stated the fact that the Buyers were both real estate
licensees further demonstrated that they should have been aware of the risks
involved in proceeding with the closing.
Appealing to «fashion conscious» practitioners, a gift certificate for $ 500, redeemable in any of the posh stores in Water Tower Place on Chicago's Magnificent Mile shopping district, will be awarded to any
licensee who is
involved in finalizing a contract for a condo unit.
E&O is not the regulator for
licensees and is not
involved in licensing or disciplinary matters, both of which are the responsibility of the Real Estate Council of BC.
An important distinction between limited dual agency that arises in brokerage agency as compared to limited dual agency that arises in designated agency is that under brokerage agency dual agency occurs in «in - house» transactions
involving more than one
licensee.
If you have been
involved in a trade in real estate in which you believe a real estate
licensee may have acted improperly, or you have engaged a brokerage to provide you with rental property management or strata management services, and believe that
licensee has not acted properly, you may contact the Real Estate Council to file a complaint.
Consequently, whether a dual agency trade
involves one
licensee or more than one
licensee related to the same brokerage, the remuneration to be disclosed is the total remuneration to be earned by the brokerage.
Current and former client files, and any confidential information of those clients, are accessible only to the
licensees who currently represent, or in the past represented, those particular clients, and those support personnel in the brokerage who are
involved in providing services to or on behalf of those clients.
In any transaction which
involves an unrepresented party, if the
licensee does not intend to act in an agency relationship, it is very important for that
licensee to confirm with that party that he or she is being treated as a customer, not a client.
During a real estate transaction
involving a sale and purchase agreement, the
licensee operated as an agent for the unlicensed real estate corporation.
For this reason,
licensees who operate as teams and who therefore share confidential information concerning their clients are not able to act as the designated agent on behalf of another person in a transaction
involving the first client.