Sentences with phrase «sale against the seller»

Successfully represented acquirer in an asset sale against the seller for breach of the representations and warranties about the condition of the assets

Not exact matches

Global Panamera sales and marketing director, Dr Stefan Utsch, told motoring.com.au limited popularity for traditional wagons in many markets mitigated against Sport Turismo becoming the big seller in the range.

With RealDeal, sellers can show buyers how their price competes against the prices of matching vehicles for sale in their area.

Books are ranked in this best sellers category against all other books depending on how many daily sales they average.

Alan, one needs to be cautious when comparing the total # of titles on all Amazon Best Seller Lists against unit sales or revenue without taking the Overall sales rankings of those books into account.

For instance, making the sale contingent upon the sale of your current home could work against you — especially in a seller's market where the homeowner could have plenty of other offers to choose from.

Mortgage title insurance protects a beneficiary against losses if it is determined at the time of the sale that someone other than the seller owns the property.

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An equity sale occurs when real estate is sold to a third party for more than what is owed against it, usually resulting in a surplus of funds to the seller.

Some credit card issuers make an exception to the general industry rule against sellers charging before shipping if the seller tells you about its practice at the time of sale.

Fair Housing Act: An act created by the federal government that makes it illegal for lenders, sellers, agents, brokers, and anyone involved in the sale or purchase of a home to discriminate against a buyer for any reason.

With respect to a consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

You can never rely on a seller to know for sure whether there are liens against the property in a short sale.

Despite having a policy against «unethical» breeders and information encouraging buyers to «choose a responsible breeder», a lack of scrutiny on sellers has made the Trading Post a hub for puppy factory sales.

Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim.

If the third party buyer takes for substantially equivalent value and had no notice of the prior purchase deal, the third party buyer would have good title; if third party buyer did not purchase for value or had actual or constructive notice of the prior purchase deal, the third party's title would be voidable in a suit to seek specific enforcement of the purchase and sale contract against the seller.

Under the Civil Code's sales contract regime, the statutory «quality» warranty imposed on sellers essentially takes the form of a warranty against «latent» defects (Articles 1726 and ff.

«I HATE GOLD SELLERS WITH EVERY FIBER OF MY BEING,» he wrote (caps his) in a post outlining the new strategy — and many share that sentiment, especially against sellers who spam «gold for sale» advertisements in the game's chat cSELLERS WITH EVERY FIBER OF MY BEING,» he wrote (caps his) in a post outlining the new strategy — and many share that sentiment, especially against sellers who spam «gold for sale» advertisements in the game's chat csellers who spam «gold for sale» advertisements in the game's chat channel.

Purchases and sales of bitcoins on the Site, whether in an unfinanced transaction or a financed transaction, are settled by actual delivery of the full amount of the bitcoins or other Digital Tokens by the seller to the purchaser's account against payment in full by the purchaser to the seller's account.

In her lawsuit, she alleged misrepresentations and omissions against the Broker, including failing to disclose that the Broker had a history of working with the Investor and also advising the Seller that $ 650,000 was a fair sales price.

Recently, the association got the Federal Trade Commission to agree that new rules designed to clamp down on fraudulent offers aimed at distressed owners wouldn't be enforced against real estate practitioners helping sellers complete a short sale.

Further, the court ruled that since the seller didn't seek damages, but rather wanted to rescind the sale, the seller had no basis to assert fraud against the broker, who wasn't a party to the purchase agreement.

Now it's free for all & the biggest question from possible sellers is «HOW MUCH DO YOU CHARGE» because we are competing against private for sale, who pay no fees.

«We now do a complete market survey as a check against the preprinted survey from the seller side, including sale and lease comps, and vacancy factor and trend analyses,» Pipgras says.

Conversely, under a Fee for Services arrangement Buyer's and Seller's have an expectation of saving money against a Commission arrangement — consequently there can be real pressure on the Registrant to wrap things up sooner and this pressure could potentially undermine Fiduciary obligations should the Registrant take improper steps to expedite a sale!

«The selling salesperson has egg on her face now and the buyer is upset, but she has no remedy against the seller nor any ability to get out of or even renegotiate the sales contract.»

Appraisers say their main goal is to protect lenders against entering into a risky mortgage, not justifying the sales price for a buyer or seller.

But I wouldn't want to be in his shoes defending myself against a charge of assisting sellers practice illegal discrimination in the sale of their home — or of blockbusting.

A Tennessee appellate court has considered a broker's lawsuit against a seller which sought to collect a commission from a sales price which was below the amount of the listing agreement.

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.

As the seller is parading back and forth, wearing thin a path on the floor, waving fists in the air and building a case against closing the sale because the seller believes money was left on the table that should rightfully be in the seller's pocket, the buyers are freaking out as well.

Several months after the sale, Seller X filed a complaint against REALTOR ® A alleging a violation of Article 1, as interpreted by Standard of Practice 1 - 7.

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

«Low mortgage rates and economic growth set against a low inventory of homes for sale will drive a strong sellers» market and further rising prices this spring,» Fleming said.

Troiano v. Tuccio (227 A.D. 2d 467)- fraud; disclaimer provision in sales contract between purchaser and seller does not inure to benefit of broker; complaint against broker alleging broker fraudulently induced purchaser to purchase property is reinstated.

Bichoupan v. Bichoupan (251 A.D. 2d 613)- buyer commences action against broker for misrepresentation as to legal use of premises; broker commences third party action against the seller for indemnification, asserting that seller represented the property to be a legal four - family dwelling in the listing agreement; third party complaint dismissed as seller made no representation in the contract of sale concerning the status of the property and did not authorize the broker to make any such representation with respect to the property.

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

The property must be appraised, as well, so that the short sale offer can be evaluated by the lender against the pending mortgage, the possible foreclosure, and the probability of a deficiency judgment against the seller / borrower.

THIRD PARTY DISPUTES (SELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSELLER»S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSeller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend&raSeller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit («Duty to Defend»).

• How to speed up your deals and streamline your short sale package for faster approval using the new «pre - determined» hardship categories • Which current HAFA documents are no longer mandatory and how this will affect your current deals • What new anti-fraud affidavit you must provide both the buyer and seller to verify the HUD1 Statement is at arm's length • The condensed approval timeline servicers, which are now required to use, and how this change benefits your business • How your ability to negotiate will change with the new increase in available incentives for subordinate lien holders • Why you might experience a surge in investor business when the «prohibition against resale» is reduced from 90 to 30 days.

Land Man filed a lawsuit against the Seller, seeking payment of its commission, arguing it was the procuring cause of the sale.

For instance, making the sale contingent upon the sale of your current home could work against you — especially in a seller's market where the homeowner could have plenty of other offers to choose from.

«While I agree with the Supreme Court that... in his pursuit of a legal remedy for fraudulent misrepresentation against the seller, plaintiff hasn't a ghost of a chance, I am nevertheless moved by the spirit of equity to allow the buyer to seek rescission of the contract of sale and recovery of his downpayment...

Because it could prove difficult to take legal action against a foreign buyer — who may be out of the country or difficult to contact — sellers should consider asking for a sizable down payment or «good faith money deposit» to guarantee the sale.