Sentences with phrase «oral agreement for»

87 N.Y. 2d 810)- oral agreement for finder's fee unenforceable under Massachusetts law; if New York law applied, and contract was otherwise enforceable under exception to New York Statute of Frauds, court would not enforce otherwise void contract to allow attorney to use his broker's licensing exemption to benefit a non-licensed, non-exempt party.

A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers» property.

(For instance, you can't enforce an oral agreement for a home purchase.)

Toronto law student Neil Wilson's essay, which concludes that courts may be increasingly willing to enforce oral agreements for the sale of land, has won a $ 3,000 essay contest.

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.

Not exact matches

The investor enters into an oral or written agreement for the vendor — or someone recommended by the vendor — to sell goods or services to the investor that allow them to begin a business.

The plaintiffs» motion states that in June 14 and 15 conference calls, counsel for the three sets of plaintiffs stated that they supported coordination or consolidation, «subject to the parties» agreement that these three cases will retain their separate identities, allowing each set of plaintiffs to file separate briefs, make separate oral arguments, and independently make other litigation decisions.»

Ely Callaway reportedly has made Woods a $ 3 million offer to play the Great Big Bertha driver, and other club companies are said to be circling the Woods camp looking for a loophole in the multimillion - dollar oral agreement Titleist reached with Woods on the day he turned pro.

This new cooperative agreement has been awarded to the American Academy of Pediatrics in collaboration with Georgetown University Center for Child and Human Development, National Maternal and Child Oral Health Resource Center, Education Development Center, Inc., and Health Care Institute at the University of California Los Angeles.

There are also different time lines for written, oral, open - ended and promissory contract and agreements.

There are four categories of debt that each state decides the length it is collectible for: Oral Agreements (I agree, sounds rather worthless but they carry a bigger punch than one would assume); Written Contracts (where your typical collection would be located, like a medical debt); Promissory Notes (Installment loans like your mortgage or student loan); and Open - Ended Account (Your revolving accounts like a credit card).

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from KINDNESS ANIMAL HOSPITAL or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

In the case of Kounellis and Chrismas, for example, the primary agreement was oral, according to the lawsuit.

The CRU states that even if they did archive actual data they can't share it for numerous reasons, including agreements with the data providers, some of which have been lost and others of which have been oral agreements only.

«We had to look at employers being more structured, and being more prepared» for complaints, including putting everything in writing rather than relying on oral agreements or understandings.

From the 5th to the 7th centuries, transfers of land, for instance, were made strictly via oral agreements.

According to the claimant, by an oral agreement of March 2001, the claimant agreed to hold 20 % of the shares in the company on trust for him.

Edward Denehan successfully acted for the Defendant in a claim in the Chancery Division of the High Court for equitable and other relief arising out of an alleged oral agreement or understanding concerning the acquisition of four properties back in the 1990s.

Commercial court considers requirements for oral agreements to be legally binding

(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.

(2) An oral or implied tenancy agreement for a term greater than one year is deemed to be a tenancy agreement for one year only.

California Court of Appeal opening brief arguing for enforcement of parol evidence rule under California and Delaware law in business dispute involving alleged oral agreement.

However, the case illustrates how costly it can be for agents to rely on oral agreements and to not have a potential buyer commit to a Buyers Representation Agreement early on, and certainly before the agent begins performing services for the potential buyer.

Galenica Group recently announced that it has entered into a definitive agreement to acquire the US company Relypsa, Inc., (NASDAQ: RLYP), further strengthening its Business unit Vifor Pharma by gaining full global rights to the potassium binder Veltassa ® (patiromer) for oral suspension and...

These commenters believed that the NPRM's proposed provision allowing oral agreement would not provide sufficient privacy protection; that it did not sufficiently hold providers accountable for complying with patient wishes; and that it could create liability issues for providers.

Galenica Group recently announced that it has entered into a definitive agreement to acquire the US company Relypsa, Inc., (NASDAQ: RLYP), further strengthening its Business unit Vifor Pharma by gaining full global rights to the potassium binder Veltassa ® (patiromer) for oral suspension and enhancing its growing position as a global specialty pharmaceutical company.

With your oral agreement, we may disclose PHI to a family member or other person you identify as being involved with your health care or payment for health care.

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According to the complaint, Nelson — who declined to comment — and acquaintance Suraj Rajwani entered into an «oral agreement,» where Rajwani would locate and purchase a domain name for Faraday.

Although unwritten promises may be more difficult to enforce than written terms, Virginia divorce laws do allow for an oral agreement if a spouse can provide proof accepted by the court.

any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties.

In addition, according to Tenant, after the Offer to Purchase had lapsed, landlord orally waived the 45 - day financing requirement, and that thereafter Tenant and Landlord made a number of oral agreements regarding Tenant's right to market the property, and an oral «long - term agreement for sale.»

In Bartsas Realty, Inc. v. Nash, the Supreme Court of Nevada reviewed the dismissal of a broker's claims against a property seller for: (1) tortious interference with contract; (2) breach of oral agreement; and (3) fraud.

The Supreme Court of Wyoming has ruled that a landlord who entered into an oral agreement to make repairs to leased space, which is supported by adequate consideration, can be liable for injuries resulting from the failure to properly make these repairs.

The Supreme Court of Iowa has considered whether a seller and broker's oral agreement to not list the seller's business for sale but would allow the broker to solicit a buyer for the business constituted an unenforceable listing agreement under the state's laws.

Where the agreement is oral, the licensee should obtain the client's agreement that they are permitted to act for other buyers and sellers and that they will not disclose confidential information obtained through other agency relationships.

American Corporate Real Estate v. Lifetime Hoan Corp. (233 A.D. 2d 413)- broker not entitled to commission where building ultimately purchased by buyer was not available for purchase when broker introduced buyer to building; under facts of the case, broker's allegation of oral exclusive broker's agreement is insufficient to warrant denial of buyer's motion for summary judgment.

Manhattan Apartments, Inc. v. Simeon (11 A.D. 3d 404)- broker entitled to commission pursuant to an oral brokerage agreement for the sale of defendant's apartment where broker introduced prospective buyer to the property, arranged for two on - site inspections and was involved in sale negotiations even though apartment was eventually sold to prospective buyer's mother at the same price where record showed that purchaser (mother) was prospective buyer's alter ego

Corp. (184 A.D. 2d 763) verdict for balance of real estate commission affirmed, where broker procured 10 year lease pursuant to oral contract which was made after expiration of 1 year written exclusive agency agreement.

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Goldstein v. Ballirano (262 A.D. 2d 529)- dismissal of broker's complaint affirmed; broker had an oral non-exclusive agreement with the landlord to find tenant for the premises; the mere introduction of the tenant is not sufficient to establish procuring cause; abandonment of the transaction occurred where two years elapsed between sole contact and execution of the lease

First New York Realty Co., Inc. v. DeSetto (237 A.D. 2d 219)- summary judgment for broker reversed; issue of fact exists as to payment schedule of agreed - upon commission pursuant to oral brokerage agreement.

Sholom & Zuckerbrot Realty Corp. v. Citibank (205 A.D. 2d 336) alleged oral brokerage agreement not within Statute of Frauds (GOL § 5 - 701 [a][10]-RRB-; summary judgment in favor of Citibank reversed and broker's motion for certain discovery granted; issues of fact are raised as to whether binding oral brokerage agreement existed (notwithstanding that bank did not own property, its position was enhanced as mortgagee).

Hampton Realty v. Conklin (220 A.D. 2d 385)- issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and seller discussed availability of property prior to listing and where broker did nothing of any significance to assist in the negotiations between buyer and seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and, under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.

Helmsley - Spear, Inc. v. Melville Corp (203 A.D. 2d 517) In action for breach of oral brokerage agreement, order denying summary judgment for defendant reversed and broker's complaint dismissed.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

Allegedly, the Owner entered into an oral listing agreement with real estate brokerage Land Man Realty, Inc. («Land Man»), allowing Land Man to offer the property for a limited period of time with the understanding that she would eventually list the property with a friend of hers at Weichert REALTORS ® Northeast Group («Weichert»).