26 results for 'cat:"Property" AND cat:"Real Estate" AND cat:"Contract"'.
J. Alley finds a lower court did not err in granting summary judgment to a title company that sued a seller to recoup expenses after it said the seller sold a property without paying off an existing lien. On appeal, the seller has disputed an affidavit from the president of the title company describing how it resolved that lien, but this is “the first time” the seller has raised this issue and he did not adequately preserve error for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 20, 2024, Case #: 08-23-00135-CV, Categories: property, real Estate, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: property, real Estate, contract
J. Palafox finds a lower court erred in a mineral-rights dispute stemming from a so-called “double-fraction dilemma” in over the years, holders of mineral rights use separate fractions to allocate ownership. Contrary to the ruling of a lower court, the deed conveyed “floating royalty interest” to one set of owners, as language in the deed confirms. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 15, 2023, Case #: 08-23-00058-CV, Categories: property, real Estate, contract
J. Kelly finds that the trial court properly ruled against a property owner’s suit seeking to block a homeowners association from selling common-use land in a housing subdivision. The property owner claims that the association has no authority to sell the common-use plot of land because the owner shares in the interests in the land. No genuine fact issue exists that purports to give the property owner any claim to the land or restrain the association from selling the land without the property owner's approval. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: December 13, 2023, Case #: 03-22-00423-CV, Categories: property, real Estate, Interference With contract
J. Asplin finds a lower court properly ruled in favor of a group on tenants on contract claims against a landlord. The landlord argued that it was not obligated to serve notices to tenants of available freehold titles. However, the tenants presented sufficient evidence in court that they are entitled to first notices of offers of titles under the Landlord and Tenant Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: November 14, 2023, Case #: CA-2022-2111, Categories: property, real Estate, contract
J. Olson finds that a lower court improperly entered a non-jury verdict in favor the buyers of a house against its sellers on breach of contract and fraud claims. The buyers failed to provide evidence that their reliance on the sellers’ lack of answers regarding the status of an addition to the home was justified. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 1, 2023, Case #: J-A09028-23, Categories: property, real Estate, contract
J. Schlegel finds that the trial court should not have found for a homebuyer on her claim that her real estate agent did not verify the living area square footage before buying the house. The agent did not owe the buyer a duty to determine whether an enclosed patio in the living area was included in the square footage measurement. The buyer had the responsibility to hire a third party to verify the accuracy of the square footage of the home during the inspection period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 4, 2023, Case #: 23-C-321, Categories: property, real Estate, contract
J. Wray finds the lower court erroneously dismissed all contract claims brought by the mineral rights buyer because the purchase agreement included a specific per acre price and a defined scope of the purchase interests, which established mutual assent and rendered it enforceable. Therefore, the contract claims will be reinstated and the case remanded for further proceedings. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 2, 2023, Case #: A-1-CA-40056, Categories: property, real Estate, contract
J. Waite finds the trial court properly determined an 1896 royalty assignment constituted a perpetual royalty interest in the mineral rights of the property at issue. The assignment included definitive language about future leases, while the "floating one-half interest" language was also properly interpreted by the court as a requirement to recalculate the royalty interest with each successive lease. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: September 28, 2023, Case #: 2023-Ohio-3653, Categories: property, real Estate, contract
J. Suttell finds that the trial court improperly held that the parties had entered a valid purchase and sales agreement because the seller signed the agreement as an individual, not as trustee. Specific performance was prematurely ordered at summary judgment given discrepancies in the record, but the buyer was properly granted summary judgment in motions seeking declaratory judgment and anticipatory repudiation since her failure to appear at closing repudiated her obligations under the contract.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: September 12, 2023, Case #: 22-74, Categories: property, real Estate, contract
J. Theofanis finds that the trial court improperly ruled in part in a contract dispute between Austin JSB and Otwell Realty, real estate firms that share an easement. Otwell asserted that Austin JSB violated the terms of the easement by constructing a tram that allows access to a shoreline on the property. The trial court agreed and found that the tram was a violation of the contract. Reviewing the terms of the easement, it can be concluded that Austin did have a right to install the tram. However, Otwell was not statutorily required to seek a trespass-to-try-title, so the trial court did not err in such regard. Reversed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 18, 2023, Case #: 03-22-00459-CV, Categories: property, real Estate, contract
J. Getty disagrees with the lower court’s granting of summary judgment to condo owners who disagreed with their neighbor’s exterior alterations to his own condo based on an implied homeowners’ association law that requires any owner to get written approval before making such changes. However, a declaration made in 1978 did not create the subject community under that homeowners’ law, and thus, the neighbor is not subject to that law. Vacated and remanded.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: August 2, 2023, Case #: C-23-CV-20-000194, Categories: property, real Estate, contract
J. Ellender finds that the trial court properly ordered specific performance of a residential real estate buy-sell agreement between the parties. The contract was a valid agreement to sell the property to the buyer for $65,000 at a closing at 11:00 am on April 6, 2020. Further minor discrepancies did not have any genuine effect on determining the common intent of the parties, as they continued to execute new addenda. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: May 10, 2023, Case #: 55,092-CA, Categories: property, real Estate, contract
J. Ortego finds that the trial court properly determined the developer was entitled to damages on its unjust enrichment claim against homeowners in a dispute over their excavation of adjacent lots. The record shows that the developer proved the elements of its unjust enrichment claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: May 10, 2023, Case #: CA-21-548, Categories: property, real Estate, contract