3,768 words 6/14/2012
|
|
- Samson Tyler
- 8 years ago
- Views:
Transcription
1 JUDICIAL UPDATE FOR REALTORS There are many recent judicial decisions affecting REALTORS and real estate. article discusses some of the more important ones. This Buyer Beware Defects in Property Do Not Always Support Rescission of a Contract Two cases decided by our Georgia appellate courts highlight the need for buyers not only to inspect the properties they are planning to buy, but to investigate further when the evidence of problems arises. The first is the case of Jegadeesh v. Ryan (293 Ga.App. 341). The facts of the case are as follows. Mr. and Mrs. Ryan sold their custom-built home to Mr. and Mrs. Jegadeesh in The Ryans had not resided in the home since When they put the property on the market in 2003, they signed a GAR Seller's Property Disclosure Statement in which they answered Don t know to the question Are you aware of any water leakage, accumulation, or dampness within the basement crawl space or other parts of the main dwelling at or below grade? The Ryans other responses on the disclosure statement indicated that they were not aware of any repair being made to control any water or dampness problems. The buyers obtained a property inspection prior to closing. The inspection revealed water damage and high moisture readings at a pool retaining wall with the pool decking showing substantial cracking that would allow some moisture over time into the patio support structure. Repairs were negotiated between the parties, and the sale closed in July Soon after taking possession, the buyers discovered water in the subfloor above the basement, and notified the sellers of their intention to rescind the contract. The buyers filed a lawsuit alleging that the sellers committed fraud by failing to disclose, among other things, the history of water problems in the house. At trial, the evidence established that shortly after the house was built in 1994 the Ryans discovered puddles of water in their basement. They complained to the builder, who sealed a tunnel between the main house and the pool house and also made repairs to the pool deck. Soon afterwards the Ryan s complained to the builder that the leakage was serious enough to prevent them from ever being able to finish off the basement. Although it was unclear whether the builder made any further repairs, the Ryans regularly resurfaced and caulked the pool deck until they moved out in No further puddles were ever seen in the basement and no other problems were noted. Although some remodeling was performed on the house before it was listed for sale, there was no evidence that any intervening water damage had been discovered. As the Court of Appeals explained, in order for a buyer to recover from a seller who is alleged to have passively concealed a defect, the buyer must prove that that the seller was aware of the problem and did not disclose it, and that the defect could not have been discovered through the exercise of due diligence. In this case, the buyers could not prove either of these required elements of fraud. First, the uncontroverted testimony of the Ryans was that they had not noted any water problems from 1995 until they moved out of the house in Second, the buyers obtained a home inspection, knew of the dampness issues, negotiated repairs, and decided to close on the property knowing of at least some of the water issues. Therefore, the Court ruled that buyers could not now rescind the contract because they chose to proceed with the closing despite having some knowledge of the problem. The buyers lost in court even though it appears that the sellers were not completely forthcoming in answering the question, Have any repairs been made to control any water or dampness problems? Obviously, some repairs had been made to control water or dampness problems of which the sellers were aware. Judicial Update 2010 ( ) 1
2 The Court, however, was not as concerned with whether the sellers misrepresented the facts in filling out the Seller s Property Disclosure Statement because the buyers could not prove that they did not know about the water problem before they purchased the home. What the Court really appears to be saying in this case is that buyers had enough information about the potential problem that they should have investigated further. Not having done so, they could not prove that they could not have discovered the problem through the exercise of due diligence. Since this is a required element of fraud their case failed. In thinking about how to go about doing a further investigation when a home inspector uncovers evidence of a problem, my suggestion is to always recommend that the buyer hire someone with special expertise in whatever the issue of concern or problem might be. With our courts denying legal relief to buyers in cases where the buyers only had pieces of the puzzle but not the full picture, cautious buyers should be encouraged to bring in an engineer or other qualified expert who can fit the pieces together and ascertain the true condition of the property. While there is obviously a cost to this approach, in considering the alternative, as demonstrated by the results in this case, it is foolish not to do so. This case is also interesting because the Court of Appeals appeared to interpret the seller s obligation to disclose in a Seller s Property Disclosure Statement as being limited to repairs that were being made at the time the disclosure was being filled out by the sellers and not to past repairs. Since no repairs were being performed at the time of the disclosure the Court concluded that the seller made no misrepresentations in the Seller s Property Disclosure Statement. Clearly, the Court s interpretation of the seller s obligation to disclose in the Seller s Property Disclosure Statement was far more limited than what was either intended by the GAR Forms Committee or how most REALTORS understand what is being asked in the question. Look for the GAR Forms Committee to likely modify the Seller s Property Disclosure Statement to clarify that the disclosure obligation is intended to cover past and present knowledge of problems and repairs. This case also underscores the other practical difficulty with fraud cases. Specifically, while buyers often suspect fraud, proving it is very difficult. Specific evidence must be found of the seller s deceit. This is often very difficult to do when the sellers are the only ones with knowledge of what took place in the past. For example, let s assume for the sake of discussion only that the basement had a repeated problem with puddling and that each time the sellers caulked and resealed the pool deck. If no one but the sellers knew this information, and they deny having such knowledge, it is very difficult to controvert their claim. This is why it is so important not to take a Seller s Property Disclosure Statement at face value and to probe further when evidence of a problem arises. The second case is Lehman v. Keller (297 Ga.App. 371). In this case, the buyers, Mr. and Mrs. Lehman, purchased a home from Mr. Keller and later discovered termite damage to the home. They sued Mr. Keller for fraudulent concealment of the prior termite damage and for breach of contract. As in the first case, the Court of Appeals found in this case that the buyers could not prove they exercised reasonable care to protect themselves against the alleged fraud. Mr. Keller informed the buyers, in his Seller's Property Disclosure Statement, that there had been an inspection performed on the property a year before. He also informed them that he was aware of earlier termite damage but that the damage had been repaired. Mr. and Mrs. Lehman did not request additional information regarding the previous infestation, or the repairs, or a copy of the earlier inspection. Furthermore, the purchase and sale agreement established a ten-day inspection period during which the buyers could submit an inspection report and set forth any defects in the property. The clause stated that if the buyers failed to do so, they were accepting the property "as is with all faults including but not limited to damage from termites and other wood destroying organisms." The buyers did not conduct an inspection prior to closing. Judicial Update 2010 ( ) 2
3 Some 10 months after closing, when the buyers had decided to sell the house, an inspection was obtained for a potential buyer which showed termite infestation. The report indicated that the repairs done to the property were allegedly in the nature of a coverup and were thus unacceptable. The Lehmans still did not contact the seller for another 7 months, at which point their attorney sent Mr. Keller a letter notifying him of the buyers' intent to rescind the contract. The Court of Appeals found that the Lehmans did not exercise any due diligence with respect to the property. In the opinion of the Court, there was no evidence that the seller attempted to conceal anything. With the buyers not being able to prove that they could not have protected themselves against the fraud through the exercise of due diligence, the buyer s fraud claim could not stand. Finally, the Court reasoned that even if rescission had been a viable option, it is a remedy that must be requested as soon as the facts underlying the claim are known not 18 months after closing. Therefore, the judgment for the seller was affirmed by the Court of Appeals. Unpaid Utility Bills at Closing Lien or No Lien? The next case, Federal Home Loan Mortgage Corporation v. City of Atlanta, 285 Ga. 189, involved the resolution of conflicting provisions in an Atlanta city ordinance and state law (See, O.C.G.A ) on the issue of whether the City could demand payment of an outstanding water bill incurred by a previous owner before providing water service to a new owner. The facts of the case are as follows. In 2007, the Federal Home Loan Mortgage Corporation ("Freddie Mac") obtained title to a residential property which Wells Fargo Bank had purchased at a foreclosure sale. After obtaining title, Freddie Mac discovered that the prior owner had an unpaid water bill owing to the City of Atlanta of over $11,000. The City asserted that this outstanding water bill constituted a lien on the property pursuant to Section (1) of the City's ordinances. That ordinance provides: Upon the failure of any person to: (i) Pay any water bill or charge against any premises for which the person is responsible ; or (ii) to send a written notice of dispute.., the person will be sent a notice that their service will be terminated without further notice and the commissioner [is] authorized to turn off and discontinue water service to the person and premises until the bill or charge is paid. Subject to O.C.G.A , the delinquent bill or charge shall be a lien on the property where the bill or charge was incurred. Freddie Mac filed a complaint seeking a declaration that the water bill of the former owner was unenforceable against the purchaser at a foreclosure sale; that the bill was not a lien on the property; and that the City did not have the right to refuse to provide water service to the property until the $11,000 was paid. It based its complaint on two subsections of state law set forth in O.C.G.A The Supreme Court agreed with Freddie Mac on one point, and disagreed on the other. Subsection (a) O.C.G.A provides that no public or private water supplier shall refuse to supply water to any residential property with its own water meter because of the indebtedness of a prior owner or occupant. This state law is in conflict with the portion of the City's ordinance permitting it to discontinue service to the person and premises until the bill is paid. The Supreme Court in reconciling the two laws found that the City's ordinance was preempted by the state statute, and that the City could not refuse to supply water to the premises until it received payment on an unpaid bill owed by a former owner or occupant. Judicial Update 2010 ( ) 3
4 However, the Supreme Court of Georgia s interpretation of subsection (c) of O.C.G.A was not as favorable for Freddie Mac. This section of the law provides that "A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges." In this case, no physical lien for the amount of the water bill was ever filed by the City of Atlanta against the property in the land records office. In trying to determine the City s lien rights, the Supreme Court reviewed several previous cases in which it was found that liens for unpaid water charges "have the same priority as liens for ad valorem taxes" and "were not extinguished by the banks' foreclosures." More importantly, the Court found that liens for both unpaid ad valorem property taxes and unpaid water bills arise and attach to the property at the time the taxes are due and unpaid, and are exempt from the requirements of notice and recordation. Therefore, the Court concluded that the City had no obligation to file a physical lien in the land records and that such a lien arose as a matter of law. Therefore, the lien for the $11,000 in unpaid water bills incurred by the prior owner attached to the property before the foreclosure sale and was not extinguished by it. The Court s decision was therefore something of a Pyrrhic victory for Freddie Mac. The City cannot deny Freddie Mac water service. However, with the unpaid bill being a valid lien against the property, Freddie Mac will likely have no choice but to pay the water bill before it sells in order to clear the title to the property. It is important to note that subsection (c) of the state law requires that a lien for unpaid water bills may not attach to the property unless the charges were incurred by the owner of the property. If there are unpaid water bills that were incurred by a lessee or other occupant who is not the owner, they do not constitute a lien against the property. Unfortunately, since this ruling came down some municipalities are now not willing to give closing attorneys sufficient information to determine whether the outstanding water bill was incurred by a record owner of the property or not. Without the name of the party who incurred the charges, it is impossible to determine whether they appear in the chain of title, and therefore impossible to determine whether the charge constitutes a valid lien on the property. In such situations, some title companies will list the unpaid water bill as an exception on the title policy, while others will not issue a title policy unless the outstanding charges are paid. Until this issue is resolved, expect to see more litigation in this area. Commissions The court also addressed a broker s entitlement to a real estate commission in cases where the contract is assigned from one buyer to another. In Dover Realty v. Pecce (295 Ga.App. 221), Mr. Pecce entered into an exclusive listing agreement with Dover Realty, which contained a stipulation that if the seller obtained a private buyer with no prior contact with Dover Realty, he would not be obligated to pay any commission on the sale. Within two weeks of signing the listing agreement Mr. Pecce was contacted by Mandalay Properties about buying the parcel. It was undisputed that Mandalay Properties had never had any communication with Dover Realty. Immediately thereafter Dover Realty brought another buyer, Mr. Joyner, to the seller. A contract was signed with Mr. Joyner which provided that it was a "backup contract" and would take effect only if the contract with Mandalay Properties failed to close. Over the following weeks, Mandalay Properties negotiated with Mr. Joyner to assign its contract to Mr. Joyner. Mr. Pecce knew nothing of the assignment until the day of closing and, since Dover Realty was not present at the closing, it only learned of the assignment one month later. Dover Realty claimed that Mr. Pecce owed it a commission on the sale, since the buyer was originally procured by Dover Realty. The Court of Appeals disagreed finding that the seller was bound by the terms of the contract that ultimately closed the contract with Mandalay Properties. In that contract, no broker was involved in the transaction and no commission was due. The effect of the assignment, according to the Court of Appeals, was the same as if Mr. Judicial Update 2010 ( ) 4
5 Pecce first sold the property to Mandalay Properties, and Mandalay Properties subsequently sold the property to Mr. Joyner in a separate transaction. In such an event, Dover Realty clearly would have no right to the payment of a commission from Mr. Pecce. Since there was no evidence of any bad faith, fraud or collusion between Mr. Pecce and Mandalay Properties, Dover Realty could not collect any commission. Limitation of Liability Provision Upheld A case involving an architect's limitation against liability is helpful in understanding how our courts will likely view the limitation against liability benefiting REALTORS contained in GAR s brokerage engagement agreements. In Precision Planning, Inc. v. Richmark Communities, Inc. (298 Ga.App. 78), an architect was hired by a property owner to design a retaining wall for a detention pond, among other things, and the architect's contract for services contained a provision limiting the architect's legal liability to the property owner. The limit was the sum of $50, or the amount paid to the architect under the contract, whichever was greater. When the retaining wall failed the property owner sued the architect. The architect relied on the provision limiting the architect's legal liability as the primary defense to the claim of the property owner for damages (which claim was for more than $50,000). The property owner argued (and the trial court agreed) that the provision was void as against public policy, and was therefore unenforceable. The Georgia Court of Appeals reversed the trial court, saying that only in extraordinary circumstances would it interfere with the rights of parties to contract with one another on any terms they desired. The court did not see the agreement of the parties to limit the liability of an architect as being so outrageous as to merit the intervention of the court to strike down the agreement. This is yet another case in which our courts have upheld contractual provisions limiting a professional s legal liability. REALTORS similarly limit their liability in brokerage engagement agreements with clients. In the GAR brokerage engagement agreements, the broker s liability to a client is limited to the amount of the commission actually paid to broker in the transaction in question. If no commission is paid the broker s liability is limited to $100. This recent Court of Appeals decision increases the likelihood that if challenged the Georgia courts will also uphold the limitation of liability provisions protecting real estate brokers and licensees. Deleted: in Seller's Inaction May Waive Non-Performance by Buyer Real estate purchase contracts frequently have conditions or contingencies in them which, if not performed, may entitle one or both of the parties to terminate the agreement. Financing contingencies, inspection periods and payment of additional earnest money prior to closing are examples. In the case of DuPree v. South Atlantic Conf. of Seventh-Day Adventists, Inc. (299 Ga.App. 352), the Georgia Court of Appeals addressed a situation wherein the buyer failed to make an additional deposit of earnest money required by the contract. In August 2006, Ronald DuPree entered into a contract to purchase a parcel of property from the South Atlantic Conference of Seventh-Day Adventists, Inc. ("South Atlantic"). The contract was signed on behalf of the seller by the pastor of a church within the South Atlantic Conference, and required an initial earnest money deposit of $3,000, which was paid by Mr. DuPree. The contract also required an additional $10,000 payment by December 2, 2006 and a closing date of December 12, It was undisputed that Mr. DuPree did not pay the additional earnest money deposit as agreed. However, none of the parties or their agents raised the issue, and the transaction proceeded toward closing. The day before the closing was scheduled, South Atlantic advised Mr. DuPree that the pastor who signed the contract on its behalf was not authorized to do so, and that it would not go Judicial Update 2010 ( ) 5
6 forward with the closing the next day. However, it indicated that its executive committee would reconsider the sale at its January 2007 meeting. Still, the issue of the missed $10,000 payment was not raised. South Atlantic ultimately decided not to proceed with the sale, and in January 2007 Mr. DuPree filed a lawsuit seeking specific performance. South Atlantic initially argued that the pastor who signed the contract did not have the authority to do so. One year later, in its January 2008 amended answer; South Atlantic first raised the issue of the missed $10,000 earnest money payment. It argued that the failure of that condition prohibited Mr. DuPree from obtaining specific performance of the contract. Mr. DuPree responded that by failing to raise the issue until more than a year after the payment was due, that condition was waived by the seller. The trial court disagreed and, finding no waiver of the condition, granted summary judgment in favor of South Atlantic. The Court of Appeals reversed the decision of the lower court and held that even in a contract in which "time is of the essence," a seller may waive the requirement for timely performance by its words or conduct, and a jury could reasonably conclude that South Atlantic's "protracted silence" amounted to a waiver. The trial court's ruling was reversed, and the case sent back for trial on that issue. The Court s decision in this case is consistent with other previously decided cases. The lesson for REALTORS is that if parties do not insist that an obligation in a purchase and sale agreement be performed when it is supposed to be, do not expect help from the court in enforcing the obligation at a later time. Conclusion Knowing the law is increasingly important for REALTORS as they try to avoid legal claims and protect the best interests of the buyer and seller clients. All of these case decisions are ones of which REALTORS should be aware. Seth Weissman serves as general counsel for the Georgia Association of REALTORS. He is a partner of the law firm of Weissman, Nowack, Curry & Wilco, P.C., a full-service real estate, business and litigation law firm with 14 offices located in the metropolitan Atlanta area. Please visit the firm online at Judicial Update 2010 ( ) 6
of the Changes to the GAR Forms
AN OVERVIEW of the Changes to the GAR Forms B Y S E T H G. W E I S S M A N The GAR Forms Committee made some significant improvements to the GAR forms for calendar year 2011. While few changes were made
More informationJUDICIAL UPDATE. Legal Ease A CLOSER LOOK AT RECENT CASES AFFECTING THE PRACTICE OF REAL ESTATE BROKERAGE IN GEORGIA
Legal Ease JUDICIAL UPDATE A CLOSER LOOK AT RECENT CASES AFFECTING THE PRACTICE OF REAL ESTATE BROKERAGE IN GEORGIA PARTIAL DISCLOSURE OF DEFECTS LEAVE SELLER IN HOT WATER In a recent case involving a
More informationThe Georgia Brokerage Relationships in Real Estate Transactions Act
Chapter 9 The Georgia Brokerage Relationships in Real Estate Transactions Act A. OVERVIEW PURPOSE OF THE ACT The Brokerage Relationships in Real Estate Transactions Act (BRRETA) http://www.crowngeorgia.com/brreta.htm
More informationChapter 22. Special Stipulations and Other Clauses in the Sales Contract INTRODUCTION
Chapter 22 Special Stipulations and Other Clauses in the Sales Contract INTRODUCTION A real estate sales contract contains numerous stipulations and clauses which expand the agreement between the seller
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationMANAGEMENT AGREEMENT
Revised 9/19/2013 MANAGEMENT AGREEMENT In consideration of the covenants herein contained (hereinafter called "Owner") and Rudulph Real Estate, Inc. (hereinafter called "Agent"), agree as follows: 1. EMPLOYMENT:
More informationKentucky Department of Education Version of Document A312 2010
Kentucky Department of Education Version of Document A312 2010 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationGeorgia 2013 Legislation as of March 14, 2013
Georgia 2013 Legislation as of March 14, 2013 The Regular 2013 Session for the Georgia General Assembly began in January 2013. Below are updates on the bills of importance to the default servicing community.
More informationQuestions and Answers on: O F F E R A N D A C C E P T A N C E
Questions and Answers on: O F F E R A N D A C C E P T A N C E The purchase contract is the most important document in any real estate sale. It must reflect the entire agreement between the buyer and seller.
More informationSURETY. and Title: (Any additional signatures appear on the last page of this Performance Bond.)
Performance Bond Document A312 2010 CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT
More informationRULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
More informationChapter 16. Transfer of Ownership Rights and Interests A. TITLE AND EVIDENCE OF GOOD AND MARKETABLE TITLE DEFINITION OF TITLE
Chapter 16 Transfer of Ownership Rights and Interests A. TITLE AND EVIDENCE OF GOOD AND MARKETABLE TITLE DEFINITION OF TITLE In Georgia, the title to real property is the means or the evidence by which
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LUIS MORA and ROSAURA MORA, Appellants, v. Case No. 2D13-4125
More informationChapter 19. Georgia Law for the Real Estate Sales Contract INTRODUCTION
Chapter 19 Georgia Law for the Real Estate Sales Contract INTRODUCTION As discussed in the previous chapter, one of the most important requirements of a real estate sales contract is that it must be "definite
More informationMASTER DEALER AGREEMENT
MASTER DEALER AGREEMENT DATE: PARTIES: Finco Holding Corp. (dba The Equitable Finance Company) 4124 SE 82 nd Ave Suite 650 Portland, OR 97266 ( Company ) ( Dealer ) AGREEMENT: IN CONSIDERATION, of the
More informationCredit Services Organization Act 24 O.S. 131 148
Credit Services Organization Act 24 O.S. 131 148 Chapter 8 Credit Services Organization Act Section 131 Short Title This act shall be known and may be cited as the "Credit Services Organization Act". Added
More informationNOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
More informationPURCHASE AND LEASING OF REAL PROPERTY IN THE UNITED STATES
PURCHASE AND LEASING OF REAL PROPERTY IN THE UNITED STATES A. INTRODUCTION By David L. Berkey, Partner Gallet Dreyer & Berkey, LLP Attorneys at Law New York City, USA The purchase and/or leasing of real
More informationAN ACT RELATING TO PROPERTY; ENACTING THE MORTGAGE FORECLOSURE CONSULTANT FRAUD PREVENTION ACT; IMPOSING PENALTIES.
AN ACT RELATING TO PROPERTY; ENACTING THE MORTGAGE FORECLOSURE CONSULTANT FRAUD PREVENTION ACT; IMPOSING PENALTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. SHORT TITLE.--This
More informationCalifornia Senate Bill 474 Impact on Owners & Contractors
California Senate Bill 474 Impact on Owners & Contractors Beginning January 1, 2013, project owners, general contractors ( GC ), construction managers ( CM ) and any lower tier contractor who employs subcontractors
More informationChase Lincoln Realty & Property Management Company 7045 Summer Place Charlotte, NC 28213 Phone: 704-921-1912, Fax: 704-921-1914
Chase Lincoln Realty & Property Management Company 7045 Summer Place Charlotte, NC 28213 Phone: 7049211912, Fax: 7049211914 EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Longterm Rental Property This Exclusive
More informationSELLER FINANCING: ANY PROBLEMS UNDER THE SAFE ACT OR MICHIGAN LAW. In an effort to crack down on mortgage fraud, Congress passed the
SELLER FINANCING: ANY PROBLEMS UNDER THE SAFE ACT OR MICHIGAN LAW In an effort to crack down on mortgage fraud, Congress passed the Safe and Fair Enforcement for Mortgage Licensing Act (the SAFE Act ).
More informationLIABILITIES AND REMEDIES OF BOAT DEALERS, BROKERS AND REPAIRERS
LIABILITIES AND REMEDIES OF BOAT DEALERS, BROKERS AND REPAIRERS Prepared by Christopher Giaschi An earlier version of this paper was presented at the 1995 Industry Conference and Trade Show of the British
More informationFARM LEGAL SERIES June 2015 Mortgage Foreclosures
Agricultural Business Management FARM LEGAL SERIES June 2015 Mortgage Foreclosures Phillip L. Kunkel, Jeffrey A. Peterson, Jason Thibodeaux Attorneys, Gray Plant Mooty INTRODUCTION If a farm debtor is
More informationWisconsin Contractors Institute. Home Improvement Trade Practices ATCP 110 & 111
Wisconsin Contractors Institute Home Improvement Trade Practices ATCP 110 & 111 Steps to Complete the Course 1.) Read the Course 2.) Complete the Final Exam Course Approval #12696 For more information:
More informationAIA Document A310 TM 2010
AIA Document A310 TM 2010 Bid Bond CONTRACTOR: OWNER: «Lane County» «125 East Eighth Avenue BOND AMOUNT: $ PROJECT: (Name, location or address, and Project number, if any) «Lane County Adult Corrections
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More information1. PARTIES: This legally binding Agreement entered into on,20.,(hereinafter called SELLER ). The
AGREEMENT TO BUY AND SELL REAL ESTATE RESIDENTIAL 1. PARTIES: This legally binding Agreement entered into on,20 between, Buyer(s), Seller(s),,(hereinafter called "BUYER"), and,(hereinafter called SELLER
More informationNC General Statutes - Chapter 47E 1
Chapter 47E. Residential Property Disclosure Act. 47E-1. Applicability. This Chapter applies to the following transfers of residential real property consisting of not less than one nor more than four dwelling
More informationMake sure your builder is registered.
Marylanders purchase more than 10,000 new homes each year. The purchase of a new home is protected by Maryland law. Understanding your rights and responsibilities as a new home buyer protects your investment
More informationADDENDUM OF CLAUSES. ADDENDUM # dated to the Contract of Sale dated, between Buyer and Seller for Property known as
ADDENDUM OF CLAUSES ADDENDUM # dated to the Contract of Sale dated, between Buyer and Seller for Property known as. The following provisions are included in and supersede any conflicting language in the
More informationCOUNTY OF NASSAU. Justice. Defendants.
SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK COUNTY OF NASSAU Present: HON. ZELDA JONAS Justice MARK THAILER and NANCY THAILER, - against - Plaintiffs, JULIE TAUB, individually and on behalf of HAL
More informationWhat Is A Title Insurance Policy?
What Is A Title Insurance Policy? A title insurance policy is a policy of indemnity. The policy says that the insurer will indemnify the insured against loss if title to the property turns out to be anything
More informationSAMPLE LAND CONTRACT
This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as
More informationNC General Statutes - Chapter 93A Article 2 1
Article 2. Real Estate Education and Recovery Fund. 93A-16. Real Estate Education and Recovery Fund created; payment to fund; management. (a) There is hereby created a special fund to be known as the "Real
More informationADDITIONAL PROVISIONS TO CONTRACT TO BUY AND SELL REAL ESTATE
ADDITIONAL PROVISIONS TO CONTRACT TO BUY AND SELL REAL ESTATE Note: Review the use of these revisions with your employing broker and your client(s) prior to use. What may be good for one situation may
More informationFour Seasons Property Management Inc 2334 The Plaza Charlotte, NC 28205
Four Seasons Property Management Inc 2334 The Plaza Charlotte, NC 28205 EXCLUSIVE PROPERTY MANAGEMENT AGREEMENT Long-term Rental Property This Exclusive Property Management Agreement is entered into by
More informationTen Most Frequently Made Claims Against Real Estate Licensees by Lana Schroeder, Esq., Claims Specialist for Rice Insurance Services Company, LLC
Ten Most Frequently Made Claims Against Real Estate Licensees by Lana Schroeder, Esq., Claims Specialist for Rice Insurance Services Company, LLC It is no secret we live in a litigious society made worse
More information2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting)
2015 ARIZONA LEGISLATIVE AMENDMENTS AFFECTING REAL ESTATE LENDING (May 12, 2015 ACMLA meeting) Following is a summary of legislative amendments enacted during the most recent session (the First Regular
More informationBuying a Home. 2012 Page 1 of 6, see disclaimer on final page
Buying a Home Page 1 of 6, see disclaimer on final page Buying a Home What is it? Finding the right home to buy can be a challenging prospect, but knowing what to expect can make the process easier. You
More informationAligning the Stars in Mortgage Foreclosures Navigating the Association s Options in the Delinquent Owner s Foreclosure
Aligning the Stars in Mortgage Foreclosures Navigating the Association s Options in the Delinquent Owner s Foreclosure Allan Goldberg Arnstein & Lehr LLP Phone: 312.876.7133 email: agoldberg@arnstein.com
More informationSUCCESSFUL HOMEBUYING HANDBOOK. A Guide For Your Successful Home Purchase
SUCCESSFUL HOMEBUYING HANDBOOK A Guide For Your Successful Home Purchase INTRODUCTION Buying a home is one of the most important purchases most of us make during our lifetimes. To make certain you are
More informationNebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193
45-189 Loan brokers; legislative findings. The Legislature finds that: Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193 (1) Many professional groups are presently licensed or
More informationATLANTA COMMERCIAL BOARD OF REALTORS, INC. EXCLUSIVE LISTING AGREEMENT FOR SALE OF REAL PROPERTY
ATLANTA COMMERCIAL BOARD OF REALTORS, INC. EXCLUSIVE LISTING AGREEMENT FOR SALE OF REAL PROPERTY THIS EXCLUSIVE LISTING AGREEMENT (this Agreement ), dated, is made and entered into by and between as owner
More informationEXCLUSIVE BUYER BROKERAGE AGREEMENT
EXCLUSIVE BUYER BROKERAGE AGREEMENT State law prohibits Broker from representing Buyer as a client without first entering into a written agreement with Buyer under O.C.G.A. 10-6A-1 et. seq. 2012 Printing
More informationRESIDENTIAL LIMITED COVERAGE MORTGAGE MODIFICATION POLICY Issued By WFG NATIONAL TITLE INSURANCE COMPANY
RESIDENTIAL LIMITED COVERAGE MORTGAGE MODIFICATION POLICY Issued By WFG NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company
More informationMODULAR HOME PURCHASE & CONSTRUCTION AGREEMENT
This document has been prepared as an aid to retailers selling a modular home for placement on the customer s land. We would like to remind you this is a general form and will need to be amended to fit
More informationEXAMPLES OF CONTRACTUAL CLAUSES
EXAMPLES OF CONTRACTUAL CLAUSES Table of Contents 1. As Is Clause 2. Authization f Agent to Sign on Behalf of Client 3. Back-up Offer 4. Contingency f Sale of Buyer s Home 5. Contingency f Seller to Purchase
More informationTitle 9-A: MAINE CONSUMER CREDIT CODE
Title 9-A: MAINE CONSUMER CREDIT CODE Article 10: LOAN BROKERS Table of Contents Part 1. GENERAL PROVISIONS... 3 Section 10-101. SHORT TITLE... 3 Section 10-102. DEFINITIONS... 3 Part 2. REGISTRATION AND
More informationTABLE OF CONTENTS I. INTRODUCTION 1 II. APPLICATION FOR SERVICE 3 III. DEPOSITS 8 IV. INVOICES FOR SERVICE 15 V. UTILITY PAYMENTS 19
TABLE OF CONTENTS I. INTRODUCTION 1 II. APPLICATION FOR SERVICE 3 III. DEPOSITS 8 IV. INVOICES FOR SERVICE 15 V. UTILITY PAYMENTS 19 VI. CREDIT AND COLLECTION 22 VII. MISCELLANEOUS 27 Effective 01/28/2015
More informationMARYLAND CLAIM SETTLEMENT LAWS AND REGULATIONS
MARYLAND CLAIM SETTLEMENT LAWS AND REGULATIONS LAWS: SUBTITLE 3. UNFAIR CLAIM SETTLEMENT PRACTICES 27-301. Intent and effect of subtitle. (a) Intent of subtitle.- The intent of this subtitle is to provide
More informationReal Estate Council of British Columbia. Selling a Home IN BRITISH COLUMBIA WWW. RECBC. CA
Real Estate Council of British Columbia Selling a Home IN BRITISH COLUMBIA WWW. RECBC. CA The Real Estate Council of British Columbia protects the public interest by assuring the competency of real estate
More informationThe Georgia Property Owners Association Act. 44-3-220. This article shall be known and may be cited as the 'Georgia Property Owners Association Act.
The Georgia Property Owners Association Act OCGA 44-3-220 through OCGA 44-3-235 44-3-220. This article shall be known and may be cited as the 'Georgia Property Owners Association Act.' 44-3-221. As used
More informationMODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS
MODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS Section 1. Definitions.-- As used in this act, the term: (1) "Contractor" means any person, corporation, or partnership
More informationChapter 47. The Closing THE REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA)
Chapter 47 The Closing THE REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA) For federally related first mortgages to purchase one-to-four-family dwellings (i.e., almost all residential first mortgage loans
More informationProperty Management from the Iowa Association of REALTORS
Avoid an explosive situation with KNOWLEDGE! Property Management from the Iowa Association of REALTORS Prepared by Paul McLaughlin, Legal Counsel January, 1999 Property Management Table of Contents I Program
More informationA Bill Regular Session, 2015 SENATE BILL 830
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
More informationCHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY TOPIC: Condominium and Planned Community Assessments- Lien Priority Issues By: Mark Griffith State Underwriting Counsel, Chicago Title Insurance Company Homeowner association
More informationCODING: Words stricken are deletions; words underlined are additions. hb0087-00
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to mortgage foreclosures; amending s. 95.11, F.S.; revising the limitations period for commencing
More informationProfessional Practices. Lesson 17. Real Estate Errors and Omissions (E&O) Insurance
Lesson 17 Real Estate Errors and Omissions (E&O) Insurance 45 Hour Louisiana Post-Licensing 10/14 WHAT IS REAL ESTATE ERRORS & OMISSIONS INSURANCE? Real estate errors and omissions (E&O) insurance is professional
More informationNC General Statutes - Chapter 53 Article 21 1
Article 21. Reverse Mortgages. 53-255. Title. This Article shall be known and may be cited as the Reverse Mortgage Act. (1991, c. 546, s. 1; 1995, c. 115, s. 1.) 53-256. Purpose. It is the intent of the
More informationCREDIT REPAIR ORGANIZATIONS ACT 15 U.S.C. 1679 et. seq.
CREDIT REPAIR ORGANIZATIONS ACT 15 U.S.C. 1679 et. seq. Please note that the information contained herein should not be construed as legal advice and is intended for informational purposes only. In addition,
More informationPURCHASE AGREEMENT THIS IS A LEGALLY BINDING CONTRACT BETWEEN PURCHASER AND SELLER. IF YOU DO NOT UNDERSTAND IT, SEEK LEGAL ADVICE.
PURCHASE AGREEMENT THIS IS A LEGALLY BINDING CONTRACT BETWEEN PURCHASER AND SELLER. IF YOU DO NOT UNDERSTAND IT, SEEK LEGAL ADVICE. 1. PARTIES TO CONTRACT - PROPERTY. Purchaser and Seller acknowledge that
More informationThis APR may be applied to your account if you: apply?:
Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases APR for Balance Transfers APR for Cash Advances 6.49%a, 7.49%b, 8.49%c, 9.49%d 6.49%a, 7.49%b, 8.49%c, 9.49%d 6.49%a, 7.49%b,
More informationTHIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SHORT SALE ADDENDUM
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The printed portions of this form, except differentiated additions,
More informationYOUR RIGHTS AS A TENANT
YOUR RIGHTS AS A TENANT Under Virginia Law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. The specific rights you have depend on whether or not
More informationTHE PURCHASE AND SALE AGREEMENT
Buying a Home 1 2 INTRODUCTION Buying a home may be the biggest single investment of your lifetime. Your life s savings may be invested in this one venture. Thus, it is extremely important that you, the
More informationRESIDENTIAL AGREEMENT TO PURCHASE AND SELL
1 RESIDENTIAL AGREEMENT TO PURCHASE AND SELL 2 3 4 5 6 7 8 Date: Time: Received by: Listing Firm and Designated Agent: Office No. Home No.: Fax No. Selling Firm and Designated Agent: Office No. Home No.:
More informationAN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify
More informationNON-RESIDENTS PURCHASING REAL PROPERTY IN THE U.S.
NON-RESIDENTS PURCHASING REAL PROPERTY IN THE U.S. A. The Attorneys Role in the Purchase of Real Estate The purchase of real estate in the U.S. without the proper assistance can become a complex transaction.
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationCLAUSES REQUIRED ON ALL HOME IMPROVEMENT CONTRACTS ($500.00 on up)
CLAUSES REQUIRED ON ALL HOME IMPROVEMENT CONTRACTS ($500.00 on up) 1. The name, address and license number of the contractor, and the name and registration number of any salesperson who solicited or negotiated
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationCHAPTER 11 APPEALS AND DISPUTES
CHAPTER 11 APPEALS AND DISPUTES In this Chapter look for... 11. General 11.1 Deleted 11.2 Administrative Appeals 11.3 Disputes 11.4 Alternative Dispute Resolution (ADR) 11. General. The Virginia Public
More information& ARDITO, The court has considered the following papers on this motion:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FRANK PULSIFER and JEANINE PULSIFER, X Plaintiff, Index No. 10975/O 1 against Motion No. 00 1
More informationPURCHASE AGREEMENT. 1.0 - SELLER(S): Marital Status: Current Address: Home Phone: Work Phone: Cell Phone: Alternate Phone:
PURCHASE AGREEMENT 1.0 - SELLER(S): Marital Status: Current Address: Home Phone: Work Phone: Cell Phone: Alternate Phone: 1.1 - BUYER(S): Marital Status: Current Address: Home Phone: Work Phone: Cell Phone:
More informationGENERAL TIPS FOR BUYING/SELLING A HOME Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422
GENERAL TIPS FOR BUYING/SELLING A HOME Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422 TYPES OF HOMES Buying a house will be one of the biggest investments one will ever
More informationJanuary 9, 2006. The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217
January 9, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4 Who
More informationMortgage Laws and Regulations-Georgia. Introduction. LegalEase was asked to review and summarize any legislation since January of 2007
Mortgage Laws and Regulations-Georgia Introduction 23400 Michigan Avenue, Suite 101 Dearborn, MI 48124 Tel: 1-(866) 534-6177 (toll-free) Fax: 1-(734) 943-6051 Email: contact@legaleasesolutions.com www.legaleasesolutions.com
More informationCARDHOLDER CREDIT CARD AGREEMENT AND ADDITIONAL DISCLOSURES
IMPORTANT INFORMATION TO READ AND SAVE CARDHOLDER CREDIT CARD AGREEMENT AND ADDITIONAL DISCLOSURES (MEMBERSHIP RULES) CARDHOLDER CREDIT CARD AGREEMENT AND ADDITIONAL DISCLOSURES This agreement ( Agreement
More informationCOLLECTING YOUR MONEY THROUGH MECHANIC S LIENS, STOP NOTICES & BONDS
COLLECTING YOUR MONEY THROUGH MECHANIC S LIENS, STOP NOTICES & BONDS A Presentation for THE HUMBOLDT BUILDERS EXCHANGE, INC. April 22, 2015 By: Kenneth S. Grossbart Abdulaziz, Grossbart & Rudman P.O. Box
More informationIllinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 24, Number 3 (24.3.52) Property Insurance Catherine A. Cooke Robbins, Salomon & Patt,
More informationSpecial Stipulations
Special Stipulations SELLER SHALL PROVIDE A RE-TREATMENT/REPAIR TERMITE BOND FOR A PERIOD OF ONE YEAR FROM THE DATE OF CLOSING. SELLER SHALL PROVIDE A HOME WARRANTY AT A COST NOT TO EXCEED $ FOR A PERIOD
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationALL I DID WAS RECOMMEND A HOME INSPECTION COMPANY!
ALL I DID WAS RECOMMEND A HOME INSPECTION COMPANY! By: Alvin C. Monshower, Jr., Esq. Well, there you are. Plodding along, minding your own business. Dealing with the daily trials and tribulations of a
More informationGuidelines and Interpretations of the Connecticut Real Estate Licensing Law
Guidelines and Interpretations of the Connecticut Real Estate Licensing Law Developed By The Connecticut Real Estate Commission In association with The Connecticut Association of REALTORS, Inc. PREFACE
More informationFILED 15 JUL 27 AM 9:22
FILED JUL AM : KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: --- KNT JUDITH JORGENSEN, vs. SUPERIOR COURT OF WASHINGTON KING COUNTY Plaintiff, JAMES WONG and TYRA WONG, husband and wife creating
More informationREPORT, DECISION AND IMPOSITION OF SANCTION
People v. Albright, No.03PDJ069. 10/29/03. Attorney Regulation. Following a sanctions hearing at which Respondent did not appear, the Hearing Board disbarred Respondent, attorney registration number 14467,
More informationSTATE OF VERMONT FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Drew et. al. v. Drew et. al., No. 174-6-10 Cacv (Teachout, J., Sept. 23, 2013). [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the
More informationCONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT
CONTINGENCY FEE EMPLOYMENT AGREEMENT BETWEEN ATTORNEY AND CLIENT THIS AGREEMENT is entered into as of this Day of, 2009 by and between JOSEPH L. KASHI, Attorney at Law, hereinafter called "Attorney" and,
More informationLitigation Involving The Developer, Homeowners Associations, and Lenders
www.becker-poliakoff.com edehaan@becker-poliakoff.com Litigation Involving The Developer, Homeowners Associations, and Lenders By E. Richard Kennedy, Esq. & Ellen Hirsch de Haan, Esq. edehaan@becker-poliakoff.com
More informationNo. 05-11-00700-CV IN THE FOR THE RAY ROBINSON,
No. 05-11-00700-CV ACCEPTED 225EFJ016616444 FIFTH COURT OF APPEALS DALLAS, TEXAS 11 November 30 P8:40 Lisa Matz CLERK IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT DALLAS, TEXAS WELLS FARGO BANK,
More informationWHAT YOU NEED TO KNOW ABOUT BUYING AND SELLING A HOME
WHAT YOU NEED TO KNOW ABOUT BUYING AND SELLING A HOME This brochure will outline laws and issues that affect consumers in their purchase and sale of real property LOAN ISSUES Predatory Lending There are
More informationSTANDARD CLAUSES RELATED TO COLUMBUS REALTORS RESIDENTIAL PURCHASE CONTRACT August 2013
STANDARD CLAUSES RELATED TO COLUMBUS REALTORS RESIDENTIAL PURCHASE CONTRACT August 2013 WARNING!! Real estate licensees are not permitted to engage in the authorized practice of law. The clauses set forth
More informationUnit 11 Real Property: Acquisition and Disposition ARE 306
Unit 11 Real Property: Acquisition and Disposition ARE 306 I. Contracts for Sale of Land A contract of sale is an agreement to acquire or to dispose of property at some specified date. Both parties are
More informationShort Form Order NEW YORK SUPREME COURT - QUEENS COUNTY. PRESENT: HON. ORIN R. KITZES PART 17 Justice ZHORIK YUSUPOV,
Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY PRESENT: HON. ORIN R. KITZES PART 17 Justice --------------------------------------------------------------------x ZHORIK YUSUPOV, Plaintiff, Index
More informationWhether the transactions in the following situations are, for federal tax purposes,
Part I Section 61.--Gross Income Defined 26 CFR 1.61-6: Gains derived from dealings in property. (Also 82, 1001; 1.82-1, 1.6045-4) Rev. Rul. 2005-74 ISSUE Whether the transactions in the following situations
More information