Sentences with phrase «property for breach of contract»

The seller's estate sued the real estate licensees who acted on seller's behalf in the sale of his property for breach of contract and breach of fiduciary duty.

Not exact matches

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For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchanFor the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchanfor breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchanfor delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchanfor wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

Breaches of contract and theft of intellectual property happen all the time — that's what we have courts for.

1 Apr. 21, 2016)(unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage that foul odors in the house were attributable to «sea air,» when instead they emanated from a post-sale discovery of a buried oil and septic tank on the property.

Represented ATG Oil & Gas Corp. in trial alleging breach of an investment banking contract for several hundred million dollars in financing to develop oil and gas properties.

The purchase and sale contract or an affidavit stating its material terms and stating that it is still effective, or both, could be recorded in the real estate records of the county where the property was located prior to closing, but it would be highly usual to do so absent a clear indication that a breach was imminent (because it is very rare for this to happen since the consequences are clear and it is so often an open and shut case) but it could come up if the seller believes that a condition under the original contract was breached and the buyer disagreed.

On a final note, the court ruled that the plaintiff's state law claims for, inter alia, breach of contract, unjust enrichment, and conversion also failed because those claims depended on an initial finding that the tip money used for other purposes was the property of the employees under the FLSA.

Advising a client in an action for breach of contractual obligations in relation to the contract for the sale of a property.

Prior to joining Lipe Lyons, Ms. Abraham spent several years as a trial attorney for a Chicago based firm defending insurance carriers and their insureds in personal injury and property damage claims arising from motor vehicle collisions, as well as breach of contract and insurance coverage disputes.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

When money or property is withheld for some time period, there will also often be an element of pre-judgment interest that is calculated on top of the economic value of the harm as of the time of the breach, often at a statutory rate, although the law of pre-judgment interest varies quite a bit from jurisdiction to jurisdiction and is often allowed in contract lawsuits, but not in tort lawsuits.

He manages all aspects of litigation and consistently obtains favorable outcomes, from early dismissals and resolutions to verdicts, for clients in business litigation disputes involving breach of contract and fiduciary duties, restrictive covenants, business dissolutions, partnerships and joint ventures, derivative corporate claims, note defaults and workouts, and intellectual property.

Disagreements between partners and shareholders, allegations of business fraud, a breach of contract or fiduciary duty, theft of intellectual property — these are issues that can send co-owners and competitors to the courtroom for complex commercial litigation.

We have handled a variety of construction related lawsuits, including construction defect claims, breach of contract claims, indemnity disputes, additional insured issues, job site accidents and other tort claims seeking damages for personal injuries, wrongful death, property damage, economic loss and project delays.

Electron wanted the deal to include language limiting Electron's liability for third - party intellectual property claims and maintaining their right to sue Morgan Stanley in the event of a contract breach, writes Kathryn Rubino.

David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.

In Snow & Ice, Inc. v. MPR Management, 2017 IL App (1st) 151706 - U, a snow removal company brought breach of contract and quantum meruit claims against a property manager and several property owners for unpaid services.

Since the plaintiff only alleged the bare conclusion that the property owners were responsible for the management company's contract, the First District affirmed dismissal of plaintiff's breach of contract claims.

Acting for a property asset manager defending claims for negligence and breach of contract in connection with an interest rate hedging arrangement;

Allen's representative work includes the successful defense of a multi-million dollar insurance coverage and rescission suit by Lloyd's of London; dismissal of a six - figure claim for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company for breach of their respective insurance contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and insurer bad faith).

Gareth's experience in commercial litigation has included cases relating to professional negligence, fraudulent misrepresentation, as well as claims for breach of contract and intellectual property matters.

specific performance — where the court orders the party in breach to perform the aspects of the contract it has failed to do — such orders are sought in the unusual situation where parties exchange contracts for a property but for whatever reason the seller fails or refuses to complete on the sale.

A civil Court which consists of three divisions: - i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne)- civil disputes for recovery of money, including breach of contract, personal injuries, libel / slander; ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship; iii) Chancery - property matters including fraud and bankruptcy

The Partition of property is an official lawsuit that is distinct from probating a will, suing for a breach of a business contract, or filing for divorce.

In fact, the vast majority of new home or condominium - purchase agreements do not allow the original buyer to assign the contract to someone else and stipulate that any attempt by the buyer to do so, or to list the home for sale on the MLS system or otherwise, or else list the property for rent, will put the original buyer in breach of the agreement.

If the jury found that the disclosure statement falsely represented the property as having no structural defects, then S&J would be liable for breach of contract because the disclosure had been incorporated into the contract instead of as a separate document.

The appellate court said there was no breach of fiduciary duty because the brokerage had, among other things, disclosed that properties wouldn't be offered for sale exclusively to the investor and that the brokerage submitted a purchase contract on the property only after the investor failed to respond to the initial offer.

If the jury found that the Disclosure Statement falsely represented the property as having no structural defects, then the Owner would be liable for breach of contract.

Plaintiff sued defendant for breach of contract, unfair and deceptive trade practices, and breach of the warranty in the deed that the property owner was free from encumbrances.

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.

Century 21 Volpe Realty v. Jhong Kim (231 A.D. 2d 667)- broker entitled to real estate commission where seller entered into a valid and enforceable contract for sale of property and then willfully breached the agreement, causing the failure of the transfer of title to the property; agreement satisfies statute of frauds.

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

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

If a tenant fails to pay rent, breaks a rule, or significantly damages the property, then it is considered breach of contract and you have grounds for eviction.

Although cases involving property management were once again the most frequent area of liability, legal issues such as breach of contract, breach of fiduciary duty, and property disclosure were the major areas of liability for residential practitioners.

Of course, if the seller did not obtain owner's title insurance when she originally purchased the property, the seller would be responsible for her own legal expenses to correct these title snags, not to mention the added stress and likely closing delays that can result in a breach of contract and loss of salOf course, if the seller did not obtain owner's title insurance when she originally purchased the property, the seller would be responsible for her own legal expenses to correct these title snags, not to mention the added stress and likely closing delays that can result in a breach of contract and loss of salof contract and loss of salof sale.