After the purchase, the buyer learned that water damage had created structural problems on the property and he filed
suit against the seller, the listing broker, and his own buyer's representative for misrepresentation of the property.
The buyer brought
suit against the seller, claiming fraud and failure to comply with the state's disclosure statute.
Not exact matches
The anger he and others feel at short
sellers» targeting of Chinese companies doubtless played a role when Silvercorp filed
suit in New York
against the websites China - stockwatch and Alfredlittle, and associated individuals, for defamation back in September.
The media's respectful worship of inspirational bad science best -
sellers (e.g. «Mein Kampf's» eugenics pesudoscience) is based on the book's corruption to «change human affairs», which is precisely Dale Carnegie's template for inspirational speech making, and is so well
suited to the conceited like climate reality denier Al Gore), deliberately «oversimplifies» and deceives to motivate the masses
against an exaggerated immediate peril (requiring gas chambers for eugenics, unilateral nuclear disarmament, or CO2 taxation).
A products liability
suit is a lawsuit brought
against the
seller of a product for selling a defective product that caused physical injury to a consumer or user.
For example, a retailer might have injuries in the nature of breach of warranty liability in
suits brought
against retail
sellers by injured consumers under the Uniform Commercial Code that the retail
sellers would be seeking indemnification of from the California based wholesale distributor.
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.
sellers being able to recoup defense fees in the
suit against individual brokers?
Furthermore, in instances where it is appropriate for a
suit to be filed
against a realtor, oftentimes a
suit may also be successful
against the home inspector and home
seller, as realty companies rely on the home inspector's report.
UPDATE: On Friday, May 12, 2017, Cohen Milstein
Sellers & Toll PLLC brought the ongoing civil
suit against Sergeant Michael Custer and...
It protects the
seller against suits that arise from defective products made by the manufacturer.
While most product liability
suits are filed
against manufacturers, some are filed
against product
sellers.
After settling claims with the
seller, the plaintiffs brought
suit against the real estate representatives for negligence and breach of fiduciary duty.
In addition to suing the real estate entities and individuals involved in the transaction and the
seller of the property, the business owners also brought
suit against the appraiser for negligent misrepresentation.
Seller sues his own agent for costs of all law
suits, any judgments
against him, and all legal costs.
That practice will come to an abrupt halt the day a
seller's smart lawyer enjoins a mere listing brokerage to a
suit brought
against them because
sellers, particularly fsbos, don't understand agency, much less implied agency.
Homebuyer's unjustified nondisclosure
suit against broker and
seller merited $ 60K in sanctions plus costs of appeal, says court.
Most of these
suits are brought by a homebuyer
against the
seller and all real estate practitioners involved in the transaction.
Brown & Son Realty v. Greenberg (195 A.D. 2d 583) broker causes
suit against buyer and
seller; summary judgment granted to buyer, as no contractual relationship; question of fact as to procuring cause re:
seller.
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
185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and
seller is not controlling in administrative proceeding
against licensee where DOS and licensee were not parties in the civil
suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a
seller's agent is derivative;
seller's agent must make the same disclosure to a buyer that the law requires a
seller to make; disclosure by
seller's agent to buyer's agent of the condition of the property as known by
seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed