KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens...more
Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more
Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more
We often hear caveat emptor (let the buyer beware). However, New Jersey enacted a law better described as caveat propola (let the retailer beware). On April 10, 2023, the long-awaited amendments to the Millville-Dallas...more
In the Supreme Court’s 67-page ruling, the judges explain the liability and responsibility of “on paper” apartment sellers to actively disclose material information about the apartments they sell. The Supreme Court determined...more
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more
The U.S. Department of Labor (DOL) published guidance earlier this year warning fiduciaries who administer retirement plans to “exercise extreme care” when considering whether to include cryptocurrency as a plan investment...more
Following a nine month trial in 2019, Mr. Justice Hildyard released a summary of his conclusions at the end of January 2021 regarding the proceedings brought by Hewlett-Packard (“HP”) (as well as a number of related entities)...more
For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his...more
Most people involved in real estate have heard the phrase "caveat emptor" or "buyer beware." - There are risks inherent in purchasing property: unseen structural flaws, hidden environmental contamination, and other...more
Deceptive Trade Practices Act- Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614- In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision,...more
A recent Bankruptcy Court decision, In re Firestar Diamond, Inc., out of the Southern District of New York (“SDNY”) by Bankruptcy Judge Sean H. Lane, disallowed creditors’ bankruptcy claims purchased from sellers who...more
In my last post, “Real Estate Alphabet Soup: B is for Buyer” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “C.”...more
A basic and well-known principle of partnership law is that, absent an agreement to the contrary, general partners have authority to unilaterally bind the partnership to contracts with third parties....more
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers. Notable decisions have addressed, among other...more
On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more
You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...more
Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the...more
In This Issue: - What Are Lemons? - Your Rights - Avoid a Lemon - Excerpt from Is This Your Car? - Your Rights and How to Avoid a Lemon: If you buy a pair of jeans at the GAP that don’t fit, you...more
It is not often that a decision from a California trial court receives or deserves as much attention as the recent tentative decision issued by Alameda County Superior Court Judge Wynne Carvill in the State’s case against...more