The appellate court
ruled against the buyers» contention that the rep had failed to meet the obligations for fiduciary duty listed in the agency disclosure form they had signed.
Not exact matches
A
ruling against AT&T would seemingly eliminate Verizon or Comcast as
buyers.
I would advise clients to always obtain their own inspection report as I believe there was an Ontario court
ruling some years ago that a
buyer can not rely on an inspection report prepared for a seller and therefore there is no recourse
against the inspector and no fiduciary duty required from the sellers inspector.
The
buyers may lose their deposit, which hurts, but not as much as a court
ruling against them.
Insight A court recent
ruled that a tolling agreement, when entered into between companies that intended to merge, violated the Hart - Scott - Rodino Antitrust Improvements Act of 1976, leading to the imposition of significant financial penalties
against the
buyer, according to Hogan Lovells.
If the government actually wants to protect the public
against Facebook abusing its power, it would need to go harder than the Honest Ads Act that would put political advertising on Internet platforms under the same scrutiny regarding disclosure of
buyers as the
rules for TV and radio advertising.
The court
ruled that the Broker's confidentiality policy was contrary to the purpose of the property disclosure law and that the
Buyer had sufficiently alleged a cause of action
against the Broker for its failure to disclose the information from the earlier transaction.
The Georgia appellate court
ruled that a fraudulent inspection report could serve as the basis for a lawsuit by the
buyers against their agent, the seller, and inspector.
I would advise clients to always obtain their own inspection report as I believe there was an Ontario court
ruling some years ago that a
buyer can not rely on an inspection report prepared for a seller and therefore there is no recourse
against the inspector and no fiduciary duty required from the sellers inspector.
After the court dismissed the claims
against the appraiser and the broker, the
buyer appealed those
rulings.
South Dakota court
rules that
buyer's claims
against representative over information about utilities was not barred by the statute of limitations.
Thus, no misrepresentations were made by the Salesperson and so the court
ruled in favor of the Salesperson and Brokerage (and also dismissed the cross-claim made
against the
Buyer's Representative, as those claims no longer had any basis).
Therefore, the court
ruled that the only commission claim that the
Buyer's Representative could bring would be a claim
against the listing broker, not the Seller, and so dismissed the lawsuit
against the Seller.
Following the favorable
ruling, the Brokerage filed a lawsuit seeking indemnification from the Sellers for the costs incurred in defending itself
against the
buyer's lawsuit.
If there is a subsequent sale of the property and the licensee, who is the principal shareholder of ABC Mortgage Corporation which holds the mortgage registered
against the property, is not providing trading services to the seller and
buyer of the property and has no knowledge of the sale, that licensee would not be required to make disclosure in accordance with section 5 - 9 of the
Rules.
The same licensee would also be required to disclose the potential conflict of interest as required by section 3 - 3 (1)(j) of the
Rules if the licensee was representing the
buyer or seller or both and was at the same time holding a mortgage
against the property either personally or through a corporation.
The federal government and state of Colorado have numerous
rules and laws to protect tenants and home
buyers from being discriminated
against.
The
Buyer brought a lawsuit
against the Sellers, and the trial court
ruled that the Sellers were guilty of negligent misrepresentation and also
ruled that the
Buyer had suffered $ 25,000 in damages.
Buyer appealed the trial court's
ruling, and the appellate court reversed and assessed the costs of the appeal
against the Managing Broker.