Legal Action against Seller
In a previous post, this blog discussed the legal claims that a real estate seller can make against a buyer if that buyer violates the property purchase agreement. A buyer, on the other hand, also has various legal and equitable claims against the seller of real estate if the seller is unable to transfer the negotiable ownership or if the seller is required to report certain defects but fails to make such disclosures. If the seller violates, the buyer`s claims depend largely on the terms of the purchase agreement as well as the buyer`s underlying goals. This blog post describes the various legal actions that real estate buyers can bring against a seller if that seller violates the property purchase agreement. Yes, you can sue an online retailer on an ecommerce platform like eBay. A sale between an eBay seller and an eBay buyer is a contract. However, EBay itself is not a party to this contract. You may have a breach of contract claim against the seller if you do not receive what you paid for or if the product you receive is not at all as described (sometimes referred to as “SNAD”). After the breach of a real estate contract, the claim for damages is a common remedy. To obtain such damages, the buyer would have to prove that it suffered financial loss as a result of the breach of contract. The amount of financial damages a buyer can receive depends largely on applicable state laws. For example, if the seller acted in good faith, the buyer can only recover damages in the form of its deposit and certain additional costs. If a seller is able but refuses to “perform” – that is, transfer the home to your client – you can sue for “specific performance”.
It simply means filing a court order requiring the seller to sell the property as originally planned. Specifically, the order would force the seller to sell the home under the terms of the contract, rather than simply compensating you financially for the breach. There are risks associated with buying products on eBay. While most sellers conduct their business honorably, not all do. And sometimes problems arise that are not the seller`s fault. FedEx, UPS and USPS also make mistakes from time to time. Before a home buyer takes any of these remedies, they should keep in mind that most real estate contracts contain contingencies, which is a legal method for both buyer and seller to leave the contract ineffective. You will also try to find out how many sales to people have taken place in your state. Sales can also be considered a contact. The more transactions an online seller makes in a state, the more likely it is that a local court will have personal jurisdiction over them. Another example is property lines.
A real estate limit is not a hidden defect, although it may be a fraud on the part of the seller. Different parts of the contract deal with things like interventions that should be handled by a competent site survey and visual inspection of the property. If you are still not satisfied, you can and should consider a lawsuit based on the amount of the claim. If the seller is based in your state, wonderful. You may be able to sue them in your local small claims court. If not, you need to find them and find a court where they can be prosecuted. You have another option. You may find some satisfaction if you file a complaint with the Better Business Bureau (BBB). As they say on their website, the BBB adheres to truthful advertising standards, investigates allegations of fraud, and informs consumers before they buy a product.
In some contracts between buyers and sellers, the goods described are specific, i.e. if these goods are not delivered, financial compensation would not be sufficient to compensate for the loss. In these circumstances, the buyer may bring a specific enforcement action. If the buyer wins the lawsuit, the seller is obliged to abide by the terms of the contract, which means that he must deliver the promised goods. However, not all eBay transactions are covered by the policy. Please read eBay`s full policies (all eBay Terms and Conditions) carefully. There are also deadlines, so if you have to use the policy, don`t wait too long. Note that you may need to return an item if it does not match the offer. If a seller does violate a contract and you can prove that you suffered financial harm, you can sue. However, the amount you can sue depends on your state`s law. If the seller can prove that he acted in good faith and you cannot prove that you were affected financially, you may only be entitled to your serious cash deposit, as well as reasonable interest and expenses, such as the cost of an investigation, examination of title, and attorneys` fees. In our experience, buyers are not afraid of something that has happened, but has been handled properly; They are more afraid of what the seller does not tell them.
At Coover Law Firm, we know exactly what to look for when a seller is hiding something. In most cases, sellers are eager to close their properties and move on. However, sometimes someone will try to withdraw from a seller`s contract, either because they are cold-footed, have received a superior offer, or have experienced a life-changing circumstance that makes the sale problematic. As a buyer`s real estate agent, your client expects you to explain the best way to deal with this tricky situation. Here`s what you need to know. We`re going to focus on online eBay sellers here. If you want to sue eBay yourself, we`ll discuss that elsewhere. To serve an online seller, you need their contact information.
Many large, reputable sellers provide their contact information online. So serving them may not be difficult. Many eBay transactions are conducted through PayPal (formerly owned by eBay). If you have a PayPal account and paid with PayPal, your third option is to go through PayPal`s buyer protection program. According to estimates from previous years, the number of e-commerce sellers worldwide is between 12 and 24 million online stores. Although Amazon sells its own products and hosts online sellers as part of its marketplace, eBay only functions as an ecommerce platform. It used to operate primarily as an auction house, but many, and perhaps most, sales are now conducted using eBay`s Buy It Now feature. Of course, the seller may not have noticed some structural flaws, but often they just don`t want to disclose them.
It could be a poor design, a ceiling or roof that isn`t properly supported, or a basement foundation wall that collapses or cracks. Suing an online seller can be complicated, so consult an experienced litigator who can give you legal advice on the meaning of a lawsuit, how much it can cost, and where you can file it. You may discover in the course of your research that you are not alone. Let`s say this online seller has scammed all its customers. In some limited situations, you may be able to consolidate your claims with those of others and file a class action lawsuit against the seller. An experienced class action attorney can advise you on whether your case is an appropriate class action. For example, here are some of the most common home flaws that sellers try to hide: EBay sellers, especially large sellers, have an interest in making their customers happy. Negative reviews are undesirable at best and can damage a seller`s reputation. If you can`t figure it out and decide to leave negative feedback, follow the procedure on the eBay site (you can always leave a positive feedback from a good seller).
Once you`ve found the seller, the second challenge is finding a court that has power over them. The term “jurisdiction” is used by lawyers to describe a court`s power to decide a dispute.
