148 results for 'cat:"Real Estate" AND cat:"Contract"'.
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: real Estate, contract
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: real Estate, contract
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: real Estate, Attorney Fees, contract
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J. Westbrook finds the trial court properly granted motions to dismiss against two law firms and their attorneys in this real estate dispute brought by a Vermont property seller. The seller argues one of the law firms solicit on the website with ‘‘Attention: out of state sellers.’’ She never has entered into the state of Connecticut, so the court lacks jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 15, 2024, Case #: AC45631, Categories: real Estate, Jurisdiction, contract
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: Insurance, real Estate, contract
J. Winmill grants property owners' motion to dismiss neighbors' allegations that they have breached an easement by refusing to share the cost of maintaining and replacing a shared tram that both neighbors use to traverse a steep hill up to their properties, and by demanding that the neighbors relocate the tram onto their property, and terminating the easement. "The continuous nature of the obligations under the easement are not
enforceable." The property owners, "as owners of the dominant estate, have the legal right to terminate the easement."
Court: USDC Idaho, Judge: Winmill, Filed On: April 9, 2024, Case #: 2:23cv507, NOS: Other Contract - Contract, Categories: real Estate, contract
J. Donovan reverses summary judgment in a condominium association’s favor against a company. “The Condominium Act required the declarant to file ‘appropriate instruments’ within [a] five- to ten-year statutory deadline but did not require the declarant to physically construct Building C.” Reversed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: April 4, 2024, Case #: 2023-0170, Categories: real Estate, contract
J. Theofanis finds that the trial court properly ruled in favor of a real estate investment firm in a contract case it filed against a trust and its members over the sale of an apartment complex. The members of the trust argue that the contract signed by the parties at the start of the sales process was unenforceable after the firm sent an email seeking to amend the terms of the contract. Reviewing the email, nothing in the message could be construed to imply that the firm was backing out of the sale, thus making the contract active at the time of closure. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 4, 2024, Case #: 03-23-00218-CV, Categories: real Estate, contract
J. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: Landlord Tenant, real Estate, contract
J. McBrayer finds the lower court properly determined a broker was due unpaid commissions from a client, but improperly calculated the number of commissions he was owed. The broker entered into an agreement with a dialysis company to locate sites for new clinics. He was to receive a commission when leases were renewed or extended. The lower court determined there were eight instances of either renewals or extensions for which he was not paid, but the instant court finds there were only six and modifies the award accordingly. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: March 27, 2024, Case #: M2022-00937-COA-R3-CV, Categories: real Estate, contract
J. Austin grants the developers' motion to transfer to the Southern District of Florida. The investor says it funded the developer $17.5 million in exchange for an equity investment in underlying real estate investments and the developer breached its fiduciary duty. The developer has filed an appearance in another, similar case in Florida involving the investor, and has moved to quash a subpoena issued to it. The investor's primary corporate and registered offices are in the Southern District of Florida and the Florida defendants, who handled administrative services for the investor, are associated with the original funding to the developer.
Court: USDC South Carolina Aiken, Judge: Austin , Filed On: March 27, 2024, Case #: 6:22cv4501, NOS: Other Contract - Contract, Categories: real Estate, Jurisdiction, contract
J. Marbley grants the buyer's motion for judgment on the pleadings, ruling that its inability to obtain sufficient electrical power to supply the commercial property gave it a legitimate reason to terminate the contract prior to closing and allow it to recover the $300,000 in earnest money, which must be returned by the seller.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv4280, NOS: Other Contract - Contract, Categories: real Estate, Damages, contract
J. Pipkin finds that the trial court improperly ruled in favor of the company on a specific performance claim against the development authority in an action arising from the authority's alleged breach of a property purchase and sale agreement. The company failed to present evidence of the property's value. However, the trial court correctly ruled in favor of the company on the authority's breach of contract and litigation expenses counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 13, 2024, Case #: A23A1332, Categories: real Estate, contract
J. Watson grants, in part, the seller's motion to dismiss, ruling the contract claim related to the return of the buyer's earnest money must be dismissed because the escrow agent is the party responsible for the return of the down payment, not the seller.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 7, 2024, Case #: 2:23cv3083, NOS: Other Statutory Actions - Other Suits, Categories: real Estate, contract
J. Kafker finds that it is correct to allow a university’s special motion to dismiss various claims brought by a developer against the university for intending to build a dormitory on a sub-parcel of land where it originally planned to build a hotel with the developer. The university attempted to advance the hotel project multiple times with the developer unsuccessfully before moving forward to benefit itself by creating a dormitory instead. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: February 29, 2024, Case #: SJC-13405, Categories: Anti-slapp, real Estate, contract
J. Partida-Kipness finds that the lower court properly denied the appellant's plea to the jurisdiction and rendered judgment for the appellee in this forcible detainer case. The appellant argued that the forcible detainer action was not "an available remedy" due to the parties' executory contract. However, the contract specifically states that the buyer would become a tenant-at-sufferance "if the contract is cancelled because of her default." Further, her argument regarding Subchapter D relates to title, as opposed to possession. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 23, 2024, Case #: 05-23-00172-CV, Categories: Landlord Tenant, real Estate, 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
J. Easterly upholds the superior court's finding for a seller of a four-unit property and the buyer, who held all the tenants' assigned rights, in their action against an outside purchaser who refused to allow them to close. The buyer's contract with the seller was enforceable and held priority under the Tenant Opportunity to Purchase Act. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CV-0033 , Categories: Landlord Tenant, real Estate, contract
J. Miller finds the trial court properly entered a final judgment divesting the real estate holdings company and its owner of interests in a waterfront duplex and conveying those interests to the owner's partner in the investment. Under Florida law, the oral agreement between the parties to transfer the property to the partner after the mortgage was satisfied was removed from the statute of frauds via part performance, which warranted specific performance granted by the trial court. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: February 7, 2024, Case #: 23-0776, Categories: real Estate, contract