By: Jeffrey M. Haber The common law doctrine of caveat emptor is a well-accepted rule of law in New York. Under the doctrine, the courts will not impose liability on …
By Jonathan H. Freiberger Frequently, individuals or entities looking to purchase real property have insufficient savings to make the purchase with cash or otherwise do not want to purchase with …
By Jonathan H. Freiberger Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific …
By Jonathan H. Freiberger Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”. “In the …
The nature of the equitable remedy of specific performance as related to litigation concerning real estate contracts has been explained by this BLOG [here] and also addressed, inter alia, [here] …
In one of our BLOGS from last week, we addressed the remedy of specific performance in breached real estate contracts [HERE]. The BLOG noted that, under certain circumstances when monetary …
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
