law suit again lawyer who is seller

Can I sue everyone who was involved in the sale?

Dec 16, 2006 · Bradley P. Burke and Patti J. Bailey, former owners of the property, along with John S. Richins, the seller's agent, and Jonna Baker, Etzenhouser's realty agent, are also named as defendants in Etzenhouser's civil suit filed in Pinal County Superior Court.

Who was the eBay seller that sued over negative feedback?

Feb 02, 2022 · Yes, you may be able to sue an online retailer on an eCommerce platform like eBay. A sale between an eBay seller and an eBay buyer is a contract. EBay itself is not a party to that contract, however. You may have a breach of contract claim against the seller if you do not get what you paid for or the product you receive is significantly not as ...

Can you sue a seller for negligent misrepresentation?

Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.

What are the legal causes of action against the seller?

Whitney, LLP represents clients against negligent and fraudulent real estate agent in complaints, claims and lawsuits arising out of the purchase of residences. Consultations are always free. Contact us using our Online Contact Form, or call us at 410 583 8000.. Lawyers for Negligence or Fraud Claims Against Real Estate Agents

Who is responsible for a defect in a home?

If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.

What is the best way to walk away from a dispute?

If the amount in dispute is simply too much to walk away from, however, then litigation might be the best option. There are a number of legal causes of action that you might be able to assert against the seller, seller's agent, or home inspector: failure to disclose a defect (according to your state's statute)

Do you have to disclose defects in a property before selling?

Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.

Can you sue a seller for a leaking septic system?

There could be situations where not even the seller knew about the defect. If, for example, an underground septic tank or sewage line was leaking, and the seller knew nothing about it (and therefore did not disclose it to you), you cannot sue over it.

Can you sue a seller for aging plumbing?

Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.

Do houses come with a guarantee?

Also realize that houses don't come with a guarantee. They typically continue their normal processes of aging and decaying, leaving buyers to deal with the consequences—without any grounds to run back to the seller to complain.

Can you sue for a little crack?

In sum, you cannot file a lawsuit any time you find a little crack or scratch. Defects must be material, known to the seller, and unknown to you at the time of sale if you are to have a reasonable chance of recovery.

What is a suing agent?

Generally, suing an agent for non-disclosure of important facts. Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer.

What are the legal claims against real estate agents?

Legal claims and lawsuits against real estate agents can include: 1 Generally, suing an agent for non-disclosure of important facts. 2 Failing to disclose that repairs that were performed on a house for sale were performed in a substandard way. 3 Real estate agent for the seller being aware of structural defects and failing to disclose them to buyer. 4 Real estate agent for seller being aware of flooding and failing to disclose it. 5 Real estate agent keeping deposit money and failing to return it after a purchase falls through. 6 Real estate agent for buyer or seller charging fees that the client did not agree to pay. 7 Real estate agent representing a termite inspection was performed when it was not. 8 Real estate agents failing to disclose that there was an active bed bug infestation in a house. 9 Real estate agent telling their buyer client that they will schedule inspections, and not scheduling them, but representing them as being done.

What happens if a real estate agent does not follow the law in Maryland?

When they do not follow these laws and regulations, and a consumer suffers a loss, the consumer can and should seek legal representation to determine how best to take action against the agent to recover for the loss.

What are the fiduciary duties of a real estate agent?

These are the fiduciary duties that a real estate agent owes to their client, and examples of what those duties mean: Duty of Loyalty – A real estate agent owes a duty of loyalty to their client. This means that the agent has to put their client’s interest ahead of their own interests.

How to protect your rights when buying a dog?

There are several steps that you should take to protect your rights when you buy a dog or other companion animal. Get a written sales agreement that includes a guarantee of the animal’s health (or discloses any health problems), a list of vaccinations it has had, its history, training, pedigree (if that’s relevant), and any special training.

Can you sue a pet dealer for a warranty?

If you believe that a pet dealer or breeder has violated either an implied or express warranty, you may sue to get a refund or replacement for the animal. Small claims court could be a good way to go, as long as you aren't seeking more money than your state's dollar limit for small claims.

What problems did the seller tell you about when you bought a house?

You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)

Where to sue for home defects?

Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.

What happens if an inspector misses a problem?

In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

What are the legal bases for a lawsuit?

In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.

How long after a sale can you be angry?

Such problems can come to light days, weeks, or years after the sale, leaving you angry and wondering whether you really have to shoulder the entire financial burden. In such cases, you might actually be able to ask the responsible person to pitch in, and take the matter to court if they don't.

Can a seller have hidden problems?

The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.

What does a seller have to do to a contract?

A seller must correspond to the terms of the contract as agreed upon by the parties to the contract. [ 1] . In the absence of said terms a seller “must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contact”. [ 2] . These obligations would include, but not be limited to, ...

Does lack of inspection mean loss of the right to rely on the lack of conformity of goods?

In fact, lack of inspection by the buyer does not necessarily involve the loss of the right to rely on the lack of conformity of the goods, as long as the defects are notified (to the seller) in a timely manner, that is, before ‘a reasonable period’ has elapsed”. [ 54] .

Does the buyer have the right to claim damages under the CISG?

However, the buyer retains any right to claim damages as provided under the CISG. Time for Delivery . The time for delivery of the goods is of the essence under the CISG, because the obligation of the buyer to pay for the goods arises upon delivery.

What happens when a buyer sues a seller for monetary damages?

When a buyer sues a seller for monetary damages the buyer’s measure of those damages becomes the focus of the legal claim. Under Florida law, the buyer’s measure of damages will depend upon whether the breaching seller acted in good faith and whether the seller sold the property to another buyer.

What does it mean when a seller acts in bad faith in Florida?

Florida courts have held that a seller acts in bad faith if: The seller knew or should have known he or she would not be able to comply with the contractual obligation; The seller simply refuses to convey title when he or she possesses marketable title; or.

What happens when a seller breaches a real estate contract?

When the seller breaches, the buyer’s claims will largely depend upon the terms of the sales contract, along with the buyer’s underlying goals. This blog post will describe the various legal actions that buyers of real estate can bring against a seller when that seller breaches the real estate sales contract.

What is liquidated damages clause?

If the contract contains a valid and enforceable liquidated damages clause then it will control and that will be the amount of damages available to the buyer.

Who is Med Express sued against?

Med Express filed a nearly identical suit on the same day against another customer, Dennis Rogan. He left a "neutral" review. After receiving negative publicity over their suit, Med Express apologized and said it was withdrawing the lawsuit. "Please understand that our customer was never the target of this lawsuit.

When did Nicholls file a counterclaim?

Nicholls filed a counterclaim on April 18, 2013. — -- An eBay seller who sued two customers over their negative feedback online has been ordered to pay $19,250 to cover their legal fees.