Realtor&#39;s &#39;For Sale&#39; sign was on wrong property &amp; I bought under impression it was as-shown Clearly I didn't perform due diligence here...although the Control Map and Parcel number were listed correctly, and a surveyor re-walked the property (a vacant lot, ~1 acre in size) &amp; provided me a copy before closing, I only walked the neighboring lot, under the impression that it was the one, since the realtor's sign was ~100 yards away from the correct one. Moreover, the lot I purchased has overhead power lines running straight through the middle of the property, and their regulations (as a subsidiary of a federal utility Authority) state that easements are 15' to either side of the lines...rendering my new lot practically useless for building a residence. When I first saw the lot listing on Redfin, there was not a mention of power lines in the description. When I used Street View on Google Maps at the front edge of where it showed the lot boundary, there was indeed power lines. So I called the realtor and asked, to which she replied &quot;not that I'm aware of.&quot; It's worth mentioning that this is in a fairly-rural area, and people I've talked with who live nearby have said that they ran into confusing aspects of where their actual lot was as well. Also, a person who has a house on the lot behind mine stated that the requirements for a building permit from the county have recently changed for that area, due to more frequent rockslides. We closed on this lot less than 30 days ago. Would it be useful to file a formal rescission? Or, do I have any valid basis to sue
In 1998, over half of the suits against brokers were for &quot;misrepresentation.&quot; Misrepresentation occurs when the the buyer relies on some material representation by the agent that turns out to be false. Misrepresentations can unintended, negligent or fraudulent. In Lee v Bielefeld, the Court sided with a buyer who was mislead by a real estate agent who pointed out the wrong lot, which had a (misplaced) &quot;For Sale&quot; sign. In LaCourse v. Kiesel, a seller had to rescind a sale at auction because the flyer for the auction gave the wrong information about the zoning on the property. Whether you have a case depends on whether the location of the sign is enough to overcome your failure to &quot;perform due diligence&quot; under your state's law. Only real estate lawyer can say for sure.
I found a mention of this issue here, where the case Rhonda Eddy v. Ingenesis was cited. Eddy worked from home in West Virginia, but had signed her contract with a company headquartered in Texas. The link is the decision of The State of West Virginia Supreme Court of Appeals, which upheld the decision of the Circuit Court of Jefferson County, namely, that the Circuit Court did not have the authority to hear Eddy's petition against her employer because she was out of the Circuit Court's jurisdiction. The circuit court found that it did not have personal jurisdiction over respondent under West Virginia’s personal jurisdiction statutes, and that respondent did not have sufficient minimum contacts with West Virginia to satisfy federal due process considerations. The circuit court also found that it did not have subject matter jurisdiction over petitioner’s WPCA claim because petitioner’s employment contract contained a valid choice of law clause that mandated Texas law would govern any dispute between the parties. Emphasis mine. It all depends on stipulations made in the employment contract. This (in the United Kingdom) states 4. Place of Work Allows the employer to specify the location where the employee will work. However, it also allows for the employer to specify any other location in the future. This gives the employer much greater flexibility. That would seem to indicate that (at least in the U.K.) the place is specified in the contract.
Clauses (a) and (c) are potentially relevant. You have to look in the Rules &amp; Regulations to see what exceptions are permitted. Although firearms and especially shotgun shells are of a "dangerous, flammable or explosive character", it is reasonable to believe that when stored properly, they do not unreasonably increase the danger of fire or explosion, and would not be considered hazardous or extra hazardous by any responsible insurance company. On the latter point, you could ask any responsible insurance company if they would consider such shells to be hazardous. While in ordinary language simple possession of a firearm is not a threat of violence, the wording of clause (c) is open to a wider interpretation, since acts considered to be a threat of violence include displaying or possessing a firearm, knife, or other weapon that may threaten, alarm or intimidate others. The fact is that many people are alarmed by the simple existence of a weapon, so simply possessing a weapon could be interpreted as a "threat" in this special sense. Since you are not in the position of having signed the lease and now need to deal with the consequences of this clause, the simplest solution is to explain your interest, and ask them if having your gear in your apartment would be a violation of the lease. Be really clear about this and get it in writing in some form, if they say "no problem". Then either pick a different place, pick a different hobby, or find a separate storage facility.
Much of "the woods" is owned by the US government, where your chances of any degree of success are highly variable. It is extremely unlikely that you can get away with it at all on a military base or in a national park. You may be able to get away with it for longer on Forest Service land (legally speaking, you're supposed to move along after 14 days), but if you're looking for a permanent legal claim to the land, that will not happen without an act of Congress. If public domain land has valuable minerals which you exploit, you may be able to chop down trees and build a cabin, but until Congress lifts the moratorium on mining claims patents, you cannot gain title to the land. (Public domain land is land not set aside for a specific purpose, such as a national park or wilderness area). Another possibility is to seize the land through adverse possession, as long as you satisfy the requirements for such an action in the state in question. Chopping down trees and building a cabin probably satisfy the requirements of actual possession, openness and notoriety. You would have to continuously live there for 5-30 years, depending on state, and have to have exclusive use of the land. If you get found and the owner tells you to leave (whether or not they get a court order), or if they say "I'll let you stay for a while", or they do a bit of landscaping, then you can't take the land (or, the clock restarts). There are a number of state-specific quirks such as whether you have to believe that the land is actually yours. Also, you can't dispossess a government. At some point, you will have to deal with the county, since you built the cabin without a permit.
I would think that this would be treated the same as lost property. In most places, if you notice lost property (for example because the postman hands it to you) you have the choice of ignoring it (don't touch it, don't accept it from the postman), or you have to make reasonable efforts to find the owner and return it. If you as the sender had no idea who received the package so you cannot contact them, and there was nothing in the package identifying the sender, the receiver would be able to keep the package when their efforts of finding the owner fail. But if you manage to contact them, then the receiver knows the owner, so there is no legal excuse to keep the package.
This is very, very weird. I've never heard of a case like this one. Is there some context that could explain why anyone would refile a divorce someplace new twelve years after getting divorced the first time around? The logical thing to do if Canadian civil procedure is at all analogous to U.S. civil procedure on this point, would be to have a Canadian lawyer file a motion in the Canadian divorce case to set aside the judgment on the extraordinary grounds that you were not married any longer at the time that the 2015 divorce was filed, seeking to set aside the 2015 case ruling. In most U.S. jurisdictions with civil procedural rules modeled on the federal rules of civil procedure (California's are not), this would be a motion under Rule of Civil Procedure 60, but obviously, the Canadian rule numbering would probably be different. Alternatively, if the home is in California, you could bring an action for declaratory judgment declaring that the Canadian judgment is invalid because it was brought in a divorce action between people who were already divorced and probably also lacked jurisdiction over you and the property. I'm not sure what you mean by CPL in this context. Normally, in a real estate context, a CPL would mean a "closing protection letter", but in the context you are using it, it sounds like you are referring to something akin to a lis pendens or a lien. Perhaps you mean a "certificate of pending litigation" which is another name of a lis pendens in at least some Canadian jurisdictions (but is terminology rarely used in the U.S.). This sounds like slander of title, or "abuse of process" or the filing of what is known as a spurious lien, any of which are actionable, but without knowing what a CPL actually is, it is hard to know.
The customer list is indeed a trade secret if the shop kept its customer list secret and has an advantage from having that customer list, while others don’t have it. And I would think that is the case, because a competitor laying their hands on the list could for example send special offers to the customers in the list. The question is whether your two hairdressers took that customer list and whether the store has reasonable evidence that they did. If customers find out where their favourite hairdresser moved to that’s no legal problem. Can’t understand why no attorney wants to take the case. To the attorney it doesn’t make a difference whether they took the list or not. If they took the list then his or her job is to end the case with the smallest possible amount of damages being paid. PS. Just read in the comments that there is an accusation of "intentional interference with economic relationship". I would want a lawyer who knows the difference between perfectly legal competition which includes trying to get customers to move their business, and "intentional interference with economic relationship". PS. Really make sure that these guys appear in court. With a lawyer. Not appearing means that if the plaintiff says "Judge, these guys did X, punish them!" and they are not there to say "We absolutely didn't do X, prove it if you can", the judge will assume that they did X.
The date and location of the signature merely documents when/where the signature was made, and doesn't have a lot of legal significance for ordinary contracts. This information is probably only useful if you need to argue that you could't have signed the contract because you weren't in that town on that day. Despite this small lapse your contract is perfectly valid, in particular you are required to make any payments that are part of this contract. It doesn't make sense to get this corrected. However, if any actual information (for example, you address) changed, then you should notify the gym to update the information.