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What are the right of unpaid seller against the buyer?
Rights of Unpaid Seller against the Buyer PersonallyThe unpaid seller, in addition to his rights against the goods as discussed above, has the following three rights of action against the buyer personally:1. Suit for price (Sec. 55). Where property in goods has passed to the buyer; or where the sale price is payable 'on a day certain', although the property in goods has not passed; and the buyer wrongfully neglects or refuses to pay the price according to the terms of the contract, the seller is entitled to sue the buyer for price, irrespective of the delivery of goods. Where the goods have not been delivered, the seller would file a suit for price normally when the goods have been manufactured to some special order and thus are unsaleable otherwise.2. Suit for damages for non-acceptance (Sec. 56). Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. The seller's remedy in this case is a suit for damages rather than an action for the full price of the goods.The damages are calculated in accordance with the rules con­tained in Section 73 of the Indian Contract Act, that is, the measure of damages is the estimated loss arising directly and naturally from the buyer's breach of contract. Where the goods have a ready market the principle applicable is that the seller may recover from the buyer damages equal to the difference between the contract price and the market price on the data of the breach of the contract. Thus, if the difference between the contract price and market price is nil, the seller can get only nominal damages ( Charter vs Sullivan). But where the goods do not have any ready market, the measure of damages will depend upon the facts of each case.For example, in Thompson Ltd. Vs Robinson the damages were assessed on the basis of profits lost. In that case, T Ltd., who were car dealers, contracted to supply a motorcar to R.R refused to accept delivery. It was found as a fact that the supply of cars exceeded the demand at the time of breach and hence in a sense there was no market price on the date of breach. Held, T Ltd., were entitled to damages for the loss of their bargain viz., the profit they would have made, as they had sold one car less than they otherwise would have sold. To take another illustration, if the goods have been manufactured to some special order and they are unsaleable and have been manufactured to some special order and they are unsaleable and have no value at all for other buyers, then the seller may even be allowed the full price of the goods as damages.1. Suit for special damages and interest (Sec.61) This Section entitles the seller to sue the buyer for 'special damages' also for such loss "which the parties knew, when they made the contract, to be likely to result from the breach of it." In fact the Section is only declaratory of the principle regarding 'special damages' laid down in Section 73 of the Indian Contract Act. The Section also recognizes unpaid seller's right to get interest at a reasonable rate on the total unpaid price of the goods sold, from the time it was due until it is actually paid. (Telu Ram Jain vs Aggarwal & Sons).(a) Suit for Damages for Non-delivery [Section 57] Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.(b) Suit for Specific Performance [Section 58] In any suit for breach of contract to deliver specific or ascertained goods, the court may direct that the contract shall be performed specifically.(c) Suit for Breach of Warranty [Section 59] Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may -(i) Set up against the seller the breach of warranty in diminution or extinction of the price; or (ii) Sue the seller for damages for breach of warranty.Note: The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he suffered further damage. [Section 59(2)]Example: X sold a second hand Radio to Y who spent Rs 100 on the repair of this Radio. This Radio was seized by the police as it was a stolen one. Y filed a suit against X for recovery of damages for breach of warranty of quite possession including the cost of repairs. It was held that Y was entitled to recover the same. [Mason v. Burmingham](d) Right to Treat the Contract as Rescinded or Operative in Case of Repudiation of Contract by Seller before due Date [Section 60] Where seller repudiates the contract before the date of delivery, the buyer may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.(e) Suit for Interest [Section 61(2)] In case of breach of the contract on the part of the seller, the buyer may sue the seller for interest from the date on which the payment was made.
What are all the activities and transactions a licensed real estate agent is allowed to perform?
The following is taken from the ORRA and is a pretty good list. These tasks may vary from place to place, but should give you and idea of what Realtors do. Note: Realtors are held to a higher standard due to our Code of Ethics than a "licensed real estate agent" as you submitted (see below). And never forget that REALTORS® are pledged to uphold the stringent, enforceable tenets of the REALTOR® Code of Ethics in their professional dealings with the public. Not every real estate licensee holds REALTOR® membership. Make sure yours does! Pre-Listing Activities 1 Make appointment with seller for listing presentation 2 Send seller a written or e-mail confirmation of listing appointment and call to confirm 3 Review pre-appointment questions 4 Research all comparable currently listed properties 5 Research sales activity for past 18 months from MLS and public records databases 6 Research "Average Days on Market" for this property of this type, price range and location 7 Download and review property tax roll information 8 Prepare "Comparable Market Analysis" (CMA) to establish fair market value 9 Obtain copy of subdivision plat/complex lay-out 10 Research property's ownership & deed type 11 Research property's public record information for lot size & dimensions 12 Research and verify legal description 13 Research property's land use coding and deed restrictions 14 Research property's current use and zoning 15 Verify legal names of owner(s) in county's public property records 16 Prepare listing presentation package with above materials 17 Perform exterior "Curb Appeal Assessment" of subject property 18 Compile and assemble formal file on property 19 Confirm current public schools and explain impact of schools on market value 20 Review listing appointment checklist to ensure all steps and actions have been completed Listing Appointment Presentation 21 Give seller an overview of current market conditions and projections 22 Review agent's and company's credentials and accomplishments in the market 23 Present company's profile and position or "niche" in the marketplace 24 Present CMA Results To Seller, including Comparables, Solds, Current Listings & Expireds 25 Offer pricing strategy based on professional judgment and interpretation of current market conditions 26 Discuss Goals With Seller To Market Effectively 27 Explain market power and benefits of Multiple Listing Service 28 Explain market power of web marketing, IDX and REALTOR.com 29 Explain the work the brokerage and agent do "behind the scenes" and agent's availability on weekends 30 Explain agent's role in taking calls to screen for qualified buyers and protect seller from curiosity seekers 31 Present and discuss strategic master marketing plan 32 Explain different agency relationships and determine seller's preference 33 Review and explain all clauses in Listing Contract & Addendum and obtain seller's signature Once Property is Under Listing Agreement 34 Review current title information 35 Measure overall and heated square footage 36 Measure interior room sizes 37 Confirm lot size via owner's copy of certified survey, if available 38 Note any and all unrecorded property lines, agreements, easements 39 Obtain house plans, if applicable and available 40 Review house plans and make copy 41 Order plat map for retention in property's listing file 42 Prepare showing instructions for buyers' agents and agree on showing time window with seller 43 Obtain current mortgage loan(s) information: companies and & loan account numbers 44 Verify current loan information with lender(s) 45 Check assumability of loan(s) and any special requirements 46 Discuss possible buyer financing alternatives and options with seller 47 Review current appraisal if available 48 Identify Home Owner Association manager if applicable 49 Verify Home Owner Association Fees with manager - mandatory or optional and current annual fee 50 Order copy of Homeowner Association bylaws, if applicable 51 Research electricity availability and supplier's name and phone number 52 Calculate average utility usage from last 12 months of bills 53 Research and verify city sewer/septic tank system 54 Water System: Calculate average water fees or rates from last 12 months of bills ) 55 Well Water: Confirm well status, depth and output from Well Report 56 Natural Gas: Research/verify availability and supplier's name and phone number 57 Verify security system, current term of service and whether owned or leased 58 Verify if seller has transferable Termite Bond 59 Ascertain need for lead-based paint disclosure 60 Prepare detailed list of property amenities and assess market impact 61 Prepare detailed list of property's "Inclusions & Conveyances with Sale" 62 Compile list of completed repairs and maintenance items 63 Send "Vacancy Checklist" to seller if property is vacant 64 Explain benefits of Home Owner Warranty to seller 65 Assist sellers with completion and submission of Home Owner Warranty Application 66 When received, place Home Owner Warranty in property file for conveyance at time of sale 67 Have extra key made for lockbox 68 Verify if property has rental units involved. And if so: 69 􀂃 Make copies of all leases for retention in listing file 70 􀂃 Verify all rents & deposits 71 􀂃 Inform tenants of listing and discuss how showings will be handled 72 Arrange for installation of yard sign 73 Assist seller with completion of Seller's Disclosure form 74 "New Listing Checklist" Completed 75 Review results of Curb Appeal Assessment with seller and provide suggestions to improve salability 76 Review results of Interior Décor Assessment and suggest changes to shorten time on market 77 Load listing into transaction management software program Entering Property in Multiple Listing Service Database 78 Prepare MLS Profile Sheet -- Agents is responsible for "quality control" and accuracy of listing data 79 Enter property data from Profile Sheet into MLS Listing Database 80 Proofread MLS database listing for accuracy - including proper placement in mapping function 81 Add property to company's Active Listings list 82 Provide seller with signed copies of Listing Agreement and MLS Profile Sheet Data Form within 48 hours 83 Take additional photos for upload into MLS and use in flyers. Discuss efficacy of panoramic photography Marketing The Listing 84 Create print and Internet ads with seller's input 85 Coordinate showings with owners, tenants, and other Realtors®. Return all calls - weekends included 86 Install electronic lock box if authorized by owner. Program with agreed-upon showing time windows 87 Prepare mailing and contact list 88 Generate mail-merge letters to contact list 89 Order "Just Listed" labels & reports 90 Prepare flyers & feedback faxes 91 Review comparable MLS listings regularly to ensure property remains competitive in price, terms, conditions and availability 92 Prepare property marketing brochure for seller's review 93 Arrange for printing or copying of supply of marketing brochures or fliers 94 Place marketing brochures in all company agent mail boxes 95 Upload listing to company and agent Internet site, if applicable 96 Mail Out "Just Listed" notice to all neighborhood residents 97 Advise Network Referral Program of listing 98 Provide marketing data to buyers coming through international relocation networks 99 Provide marketing data to buyers coming from referral network 100 Provide "Special Feature" cards for marketing, if applicable 101 Submit ads to company's participating Internet real estate sites 102 Price changes conveyed promptly to all Internet groups 103 Reprint/supply brochures promptly as needed 104 Loan information reviewed and updated in MLS as required 105 Feedback e-mails/faxes sent to buyers' agents after showings 106 Review weekly Market Study 107 Discuss feedback from showing agents with seller to determine if changes will accelerate the sale 108 Place regular weekly update calls to seller to discuss marketing & pricing 109 Promptly enter price changes in MLS listing database The Offer and Contract 109 Receive and review all Offer to Purchase contracts submitted by buyers or buyers' agents. 110 Evaluate offer(s) and prepare a "net sheet" on each for the owner for comparison purposes 111 Counsel seller on offers. Explain merits and weakness of each component of each offer 112 Contact buyers' agents to review buyer's qualifications and discuss offer 113 Fax/deliver Seller's Disclosure to buyer's agent or buyer upon request and prior to offer if possible 114 Confirm buyer is pre-qualified by calling Loan Officer 115 Obtain pre-qualification letter on buyer from Loan Officer 116 Negotiate all offers on seller's behalf, setting time limit for loan approval and closing date 117 Prepare and convey any counteroffers, acceptance or amendments to buyer's agent 118 Fax copies of contract and all addendums to closing attorney or title company 119 When Offer to Purchase Contract is accepted and signed by seller, deliver to buyer's agent 120 Record and promptly deposit buyer's earnest money in escrow account. 121 Disseminate "Under-Contract Showing Restrictions" as seller requests 122 Deliver copies of fully signed Offer to Purchase contract to seller 123 Fax/deliver copies of Offer to Purchase contract to Selling Agent 133 Fax copies of Offer to Purchase contract to lender 124 Provide copies of signed Offer to Purchase contract for office file 125 Advise seller in handling additional offers to purchase submitted between contract and closing 126 Change status in MLS to "Sale Pending" 127 Update transaction management program to show "Sale Pending" 128 Review buyer's credit report results -- Advise seller of worst and best case scenarios 129 Provide credit report information to seller if property will be seller-financed 130 Assist buyer with obtaining financing, if applicable and follow-up as necessary 131 Coordinate with lender on Discount Points being locked in with dates 132 Deliver unrecorded property information to buyer 133 Order septic system inspection, if applicable 134 Receive and review septic system report and assess any possible impact on sale 135 Deliver copy of septic system inspection report lender & buyer 136 Deliver Well Flow Test Report copies to lender & buyer and property listing file 137 Verify termite inspection ordered 138 Verify mold inspection ordered, if required Tracking the Loan Process 139 Confirm Verifications Of Deposit & Buyer's Employment Have Been Returned 140 Follow Loan Processing Through To The Underwriter 141 Add lender and other vendors to transaction management program so agents, buyer and seller can track progress of sale 142 Contact lender weekly to ensure processing is on track 143 Relay final approval of buyer's loan application to seller Home Inspection 144 Coordinate buyer's professional home inspection with seller 145 Review home inspector's report 146 Enter completion into transaction management tracking software program 147 Explain seller's responsibilities with respect to loan limits and interpret any clauses in the contract 148 Ensure seller's compliance with Home Inspection Clause requirements 149 Recommend or assist seller with identifying and negotiating with trustworthy contractors to perform any required repairs 150 Negotiate payment and oversee completion of all required repairs on seller's behalf, if needed The Appraisal 151 Schedule Appraisal 154 Provide comparable sales used in market pricing to Appraiser 152 Follow-Up On Appraisal 151 Enter completion into transaction management program 153 Assist seller in questioning appraisal report if it seems too low Closing Preparations and Duties 154 Contract Is Signed By All Parties 155 Coordinate closing process with buyer's agent and lender 156 Update closing forms & files 157 Ensure all parties have all forms and information needed to close the sale 158 Select location where closing will be held 159 Confirm closing date and time and notify all parties 160 Assist in solving any title problems (boundary disputes, easements, etc) or in obtaining Death Certificates 161 Work with buyer's agent in scheduling and conducting buyer's Final Walk-Thru prior to closing 172 Research all tax, HOA, utility and other applicable prorations 162 Request final closing figures from closing agent (attorney or title company) 163 Receive & carefully review closing figures to ensure accuracy of preparation 164 Forward verified closing figures to buyer's agent 165 Request copy of closing documents from closing agent 166 Confirm buyer and buyer's agent have received title insurance commitment 167 Provide "Home Owners Warranty" for availability at closing 168 Review all closing documents carefully for errors 169 Forward closing documents to absentee seller as requested 170 Review documents with closing agent (attorney) 171 Provide earnest money deposit check from escrow account to closing agent 173 Coordinate this closing with seller's next purchase and resolve any timing problems 174 Have a "no surprises" closing so that seller receives a net proceeds check at closing 175 Refer sellers to one of the best agents at their destination, if applicable 176 Change MLS status to Sold. Enter sale date, price, selling broker and agent's ID numbers, etc. 177 Close out listing in transaction management program Follow Up After Closing 178 Answer questions about filing claims with Home Owner Warranty company if requested 179 Attempt to clarify and resolve any conflicts about repairs if buyer is not satisfied 180 Respond to any follow-on calls and provide any additional information required from office files.
what is 12 x12?
12 x12 = 144
How Many Square Feet Are One Foot?
A square foot is measured 12''x12'' x12''x12'', or a 12'' square.
How many 3 x 8 inch tiles do you need to cover a 9 x 12 foot room?
no .of tiles = area of room /area of tiles area of room = 9 X12 X12 X12 inches ( 1 foot =12 inches ) area of tiles =3 X8 no.0f tiles =9 X12 X12 X12 inches /3 X 8 =648
How many 3 x 8 inch bricks it wil take to cover a room 9 x 12 feet?
no .of bricks = area of room /area of bricks area of room = 9 X12 X12 X12 inches ( 1 foot =12 inches ) area of bricks =3 X8 no.0f bricks =9 X12 X12 X12 inches /3 X 8 =648
What is better ear force x11 or x12?
X12. Youtube shows why in a turtle beach video.
12x - x12?
0
How many cubic yds in something 4.5'x58'x12'?
1 cubic yard = 9 cubic feet.4.5'*58'*12' = 3132 cubic feet3132/9 = 348 cubic yards
What kind of standard is ASC X12?
The Accredited Standards Committee X12 develops and maintains the X12 EDI and CICA standards along with XML schemas which drive business processes globally.
What is 10 x12?
120
What is 7 x12?
84
Where can one purchase an x12 camera?
The x12 is a projector with impeccable, high quality pictures for your home or office use. The x12 can be purchased at any local retailer that specializes in cameras or it can be purchased on Amazon or Best Buy.
What is 1847 x12?
It is 22,164.
