Sentences with phrase «seller against a buyer»

Not exact matches

In those cases, the buyer files a complaint against the seller.

In such cases, the C - corporation seller should be prepared to sign legal documents that will indemnify the buyer against a range of liabilities.

Margin accounts are a big part of buying and selling futures contracts, which allow buyers and sellers to protect themselves against price volatility.

In sovereign debt and, to an even greater degree, corporate bond markets, liquidity hinges in large part on whether specialised dealers («market - makers») respond to temporary imbalances in supply and demand by stepping in as buyers (or sellers) against trades sought by other market participants.

This pits the valuation techniques of the buyer against the selling skills of the seller.

Under the free market system, these four main buyers pit 25 million sellers against each other, creating a race to the bottom.

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

• VA Funding Fee — A fee paid by a buyer or seller to insure the lender against loss through default on a VA loan.

Special Warranty Deed A deed that protects a property buyer from any claims against the title that arose during the seller's possession.

In this way, buyers and sellers are protected against the possibility of contract default.

Appraised value is often used directly by mortgage lenders to make sure a loan issued against the property is not inflated and to prevent fraud from buyers and sellers working in collusion.

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 Fair Housing Act (1968)-- A part of the historic Civil Rights Act of 1968, the Fair Housing Act forbid sellers and landlords from discriminating against prospective renters and buyers based on protected class characteristics such as race, sex, marital status, national origin, religion and others.

the realtor would not know that neither buyer's home inspector to look for it... I won't use harsh wordings against this realtor... I would blame the sellers if they new about it and hide it.

The only way to protect yourself against these bogus claims is to get a valid proof of delivery — to qualify for eBay's seller protection, you need «online documentation from a postal company» that has «delivered» status, the date of delivery and the buyer's address.

In today's strong market, some buyers are considering waiving inspection contingencies to make their offers more appealing to sellers, but industry professionals generally warn against this.

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.

On the other hand, does the buyer have any protection against the seller breaking the contract?

Juicy Excerpt # 1: Buy - and - Holders are going against the herd by being net sellers in bull markets and net buyers in bear markets.

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.

This is to protect the buyer and the seller against terms that are not respected for example.

The shock in this case, for me anyway, was that there is little or no recourse for the auction house or the seller against a balking buyer.

In a warranty deed, seller represents that he owns the property and has the right to sell the property to the buyer and that no liens or claims are against the property except those that are expressed on the face of the deed.

There was then a dispute as to completion and the buyer registered a unilateral notice against the seller's registered title.

The seller knows one property - their own - where a realtor knows how the seller's property stacks up against other alternatives and been through this process hundreds of times... whereas both buyer and seller will be working with much less experience.

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.

Where a seller makes representations or warranties that the property does not contain those defects, the buyer may have a claim against the seller for any losses or damages resulting from the defect.

This leaves the buyer with an over-mortgaged property and the seller with $ 150,000 in cash plus a VTB for $ 250,000, which is then insufficiently secured against the property (because it is second in priority to the $ 300,000 first mortgage).

This is different because some states require privity of contract - meaning that only the original buyer can exercise the warranty and they can only exercise against the seller.

Also, even if the buyer is bound, the buyer might have a cause of action against the seller for failing to disclose the lease, or against the buyer's attorney and / or realtor for failing to do adequate due diligence regarding the purchase.

(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby the goods, or documents controlling their disposition, will not be handed over to the buyer except against payment of the price.

These signatures also protect buyers, sellers and the Bitcoin community as a whole against forgery.

Its Gold Investor Index measuring the number of buyers as set against sellers edged a bit higher to 54.6 during October whereas its silver buying fell from 52.3 to 51.6.

When the Buyer was unable to secure financing to complete the purchase and thus terminating the contract between the parties, the Sellers brought a lawsuit against the Buyer, the Buyer's representative, and the representative's brokerage, arguing that the Buyer had not acted in good faith in her efforts to secure financing and the Buyer's representative had not forwarded the Amendment to the Lender.

Consequently, what also doesn't matter within the Competition Bureau's argument and pleadings, is the relativity of the amount of any commissions that may be charged against the value of the actual property being sold, nor does the potential that a Buyer may pay far too much for a property, or that a Seller may not receive enough.

The moral of the story is: if you don't offer enough commission (co-op) and there is a shortfall against what a buyer under contract has agreed to pay, it's a problematic situation that can cost seller's more money than they were hoping to save!

In my opinion, an unsuccessful buyer in a bidding war could bring a lawsuit against a seller or brokerage who comply with an escalation clause, stating that they only put in their bid on the understanding that their bid price would remain confidential.

As a buyers agent, I am legally obligated to attempt to obtain an SPIS, ONLY to give my client some protection against the seller.

But I did such a good (and thorough) showing, (building rapport with both the seller and the buyer) I mostly ended up with an MLS listing for the seller if my real live buyer decided against it.

Also, the real estate representative, who served as representative for both buyers and seller, sent a statement to the purchasers indicating that they were waiving any potential claims regarding structural defects against the listing agency, selling representative, and owner of the property.

The Sellers settled their lawsuit with the Buyers, and the trial court dismissed the allegations against the Brokerage and Hopkins.

Before this two - staged, National government - enabled rebellion against the purposes and intentions of the Sellers» written permissions and instructions in the TREB Seller Representation Agreement concerning distribution of the Sellers» (and their Buyers») Firm - Agreement - Awaiting - Completion - Date (FAACD) transactions, there was never any question about who was «client» and therefore whose interests were paramount.

Buyers should also ask to receive proof (receipts or contracts) of any preventive measures against termites taken by the sellers.

The buyer then hired her own contractor to redesign the septic system and filed a lawsuit against the seller, Dean, the inspection company, and the construction company recommended by Dean to repair the septic tank.

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'd suggest this clause to my buyers because it is to their advantage but advise my sellers against it because it's not to their advantage if the buyer gets cold feet and chooses to not pursue with fulfilling the conditions.

Once the buyer and seller sign, without a change, the Agent has not released the buyer or seller and until the Agent does sign, a claim by the Agent could be made against the buyer or seller, or the agents could battle each other.

First, exclusive buyer agency agreements are contracts that are enforceable in a court just as listing agreements are enforceable against sellers.