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Full-Text Articles in Law
Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde
Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde
Touro Law Review
No abstract provided.
Fifty Years Of Landlord-Tenant Law: A Perspective, Dale A. Whitman
Fifty Years Of Landlord-Tenant Law: A Perspective, Dale A. Whitman
University of Arkansas at Little Rock Law Review
No abstract provided.
Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell
Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell
University of Arkansas at Little Rock Law Review
No abstract provided.
Oklahoma Landlords Beware: Miller V. David Grace, Inc. Abandons Caveat Emptor In Residential Leases, Jamie M. Powers
Oklahoma Landlords Beware: Miller V. David Grace, Inc. Abandons Caveat Emptor In Residential Leases, Jamie M. Powers
Oklahoma Law Review
No abstract provided.
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Cleveland State Law Review
This note focuses on remedies available to borrowers who fall prey to predatory lending practices on their home equity loans where their homes are used as collateral. Part II gives basic background information on predatory lending: what predatory lending is, examples of common predatory lending techniques, and, who benefits and who is hurt by predatory lending practices. Part III discusses and critiques current federal laws that borrowers have used to combat predatory mortgage lending practices. Part IV explains the current forms of relief available in Ohio and the limitations of these remedies. Part V discusses remedies in other states, focusing …
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald Benton Brown, Thomas H. Thurlow Iii
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald Benton Brown, Thomas H. Thurlow Iii
Oklahoma Law Review
No abstract provided.
Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee
Potential Liability For Misrepresentations In Residential Real Estate Transactions: Let The Broker Beware, Dawn K. Mcgee
Fordham Urban Law Journal
While the caveat emptor (buyer beware) theory has traditionally applied to real estate purchases, courts are continuously recognizing a brokers' duty to disclose. Some courts have found duty under an agent-principal relationship; others have found a duty as a matter of public policy, statutory language, ethics codes, or malpractice case law. Courts also differ on whether brokers have a duty to investigate the property and disclose defects. The author recognizes three issues of broker liability about which courts are divided: (1) the level of culpability required to find broker liability; (2) the basis of a real estate broker's duty to …
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
University of Richmond Law Review
Years ago, caveat emptor was the rule in real estate transactions. A home buyer's own inspection was considered reliable in determining if the house was structurally sound and habitable. Today, the situation is different. Potentially troublesome conditions in a house are easily concealed, and inspection by the buyer may not reveal latent defects. For this reason, the doctrine of implied warranty has replaced caveat emptor in many jurisdictions.
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
St. Mary's Law Journal
Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Negligence-Liability Of Landlord For Injuries To Persons On The Premises, John A. Hellstrom S. Ed.
Michigan Law Review
Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729.
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Landlord And Tenant - Liability Of Landlord To Lessee's Guest - "Nuisance", Michigan Law Review
Michigan Law Review
Defendant leased the top two floors of a three-story building to a single tenant for use as an apartment house, the first floor being let to another tenant for business purposes. At the time of the original lease, there were facilities on the roof suitable for the laundering needs of prospective subtenants. There were also on the roof, in plain sight, three skylights, each being covered by glass panes resting on a casing which was raised twelve inches above the surface of the roof. While assisting a subtenant friend in hanging laundry, plaintiff fell through one of these skylights. He …