Sentences with phrase «seller for breach of contract»

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

Alternatively, the Tenant sought monetary damages from the Seller for breach of contract.

When a buyer can't get full financing, they risk losing their substantial deposit, or being sued by the seller for breach of contract.

They sued the Sellers for breach of contract.

He sued the sellers for breach of contract and fraud (no negligence here).

Not exact matches

Depending on the state you're in, a seller may also have grounds to sue you for breach of contract or financial damages incurred from taking their home off the market.

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

1 Apr. 21, 2016)(unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and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.

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.

Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.

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.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract.

(3) No period of grace may be granted to the seller by a court or arbitral tribunal when the buyer resorts to a remedy for breach of contract.

Realtors sue for breach of contract re unpaid seller commissions based upon Listing Agreement wordings and prevail all the time, «else, what's the point of the Listing Agreement at all?

However, if a full price offer with no conditions is received by the seller, and the seller decides not to sell after all, then that seller is penalized for breach of contract and must pay the full commission, not for the completed sale, but for unlawful breach.

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.

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.

Here, the buyer risks being liable for breach of contract damages in a civil lawsuit (again, this depends on the contract — some contracts only allow a seller to keep the deposit in the event of a default by the buyer) unless he or she can prove a legal basis for backing out of the deal.

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.

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 theories

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

The Buyer sued the Sellers and Smith Bell for fraud, negligent misrepresentation and breach of contract, and Smith Bell for violation of the Vermont Consumer Fraud Act (the «VCFA»).

The allegations against the Seller were for breach of contract, misrepresentation, and intentional infliction of emotional distress, while it was alleged that the Brokerage breached the state's unfair or deceptive trade practices act («Act»).

Lots of real estate lawyers receive calls about this scenario — The escrow agent willfully breaches the contract or is grossly negligent for misdelivering the deposit to the buyer or the seller when there is a dispute i.e. there are conflicting demands for the deposit because the transaction has or is falling apart.

When a buyer breaches a real estate contract, a seller must decide whether to close the transaction, seek specific performance of the agreement or seek monetary damages for the breach.

Moreover, pre marketing is a breach of the listing contract, making it easier for a seller to pursue a claim against a listing agent who is knowingly promoting a «coming soon» listing.

The case involved sellers who sued potential buyers for breach of contract and two real estate brokers for breach of fiduciary duty.

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.