Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Furthermore, in this instance, not even the Hoffman Group alleges that any of the tenants caused damage to the clubhouse, as the structure was never useable in the first place, despite the expectation of it being so, given the fees that the residents were charged.
In this instance, the warrantee of habitability should be affirmed. The Hoffman Group, by charging residents a fee for the maintenance of the structure, created an expectation that the clubhouse would be maintained in a manner so that the residents could enjoy its amenities. The expectation was just as high as would be the case of a renter renting an apartment who expected to have the use of his or her living room or fire escape porch in functional conditioning. Instead, the clubhouse was allowed to remain a health hazard to residents and members of the community alike. The fact that a pool was part of the facility also made it an attractive nuisance to children, even though it was not unenclosed. A faulty heating and ventilation system was installed and made its use a risk to all those who might use it.
It is unreasonable to charge residents for the maintenance of an unwholesome...
Thus, the Supreme Court affirms the trial court's granting summary judgment for the defendant, and the appellate court's affirmation. The Court hopes that this will have a positive effect upon the public policy of the land in terms of landlord-tenant relations. It will strengthen tenants' cases when landlords allow exterior structures that are commonly held and commonly paid for to go into a state of disrepair or become a safety hazard. It will also encourage landlords to maintain exterior structures in a manner that is wholesome for the larger community.
Works Cited
"Attractive nuisance law and legal definition." U.S. Law. March 3, 2010.
http://definitions.uslegal.com/a/attractive-nuisance/
"Warranty of Habitability. "U.S. Law. March 3, 2010.
http://definitions.uslegal.com/w/warranty-of-habitability/
"What is an Implied Warranty of Habitability?" All Business. 2009. March 3, 2010.
http://www.allbusiness.com/legal/contracts-agreements-real-estate/4094-1.html
Works Cited
"Attractive nuisance law and legal definition." U.S. Law. March 3, 2010.
http://definitions.uslegal.com/a/attractive-nuisance/
"Warranty of Habitability. "U.S. Law. March 3, 2010.
http://definitions.uslegal.com/w/warranty-of-habitability/
http://www.allbusiness.com/legal/contracts-agreements-real-estate/4094-1.html
(Economou and Trichias, 2009) Remuneration is stated to be as follows for each of these actors: (1) real estate brokers -- Commission based on percentage of the transaction value; (2) lawyers -- Commission based on percentage of the transaction value; (3) Notaries -- Commission base don percentage of the transaction value; (4) Civil Engineers -- According to specific regulations, taking into account elements of the property in question; and (5) Constructors -- percentage of
A secondary mortgage market permits mortgage originators to be more responsive to dynamic mortgage demand and to lower mortgage rates for some homeowners when mortgage demand is higher. According to Koppell (2001): Government-sponsored enterprises (GSEs) are hybrids -- part public, part private -- that affect the lives of most Americans. Anyone who has borrowed money to purchase a home, farm, or pay for college, or invested in a mutual fund
3 million buildings and plots of land. If it can conservatively be assumed that a minimum of five persons are affected for each business and a minimum of two persons for each building, then some 5 million people are directly involved in property-restitution claims - nearly a third of the population of the new Lander. (Blacksell et al., 1996, p. 200) Since December 1991, the number of claims filed with the
Chinese Real Estate Company and a United States Real Estate Company The objective of this study is to conduct a comparison of a Chinese real estate company vs. A real estate company in the United States. For the purpose of this study, the real estate companies to be compared are those of Century 21, a real estate company located in the United States and Xinyuan Real Estate Company, Ltd. located in
Hong Kong Real Estate Industry China and Hong Kong have evolved into fiercely competitive economic superpowers on the international scene across several markets and industries. This has become none more apparent than in the real estate market, which has experienced a recent "boom" in both Hong Kong and China, and seems to be proving some longevity. Although both of these countries are experiencing an influx of foreign investment in residential and
Marketing Plan for a KW Service Designed to Generate New Clients Product Idea The product idea for this marketing plan is a service that Keller Williams could provide to potential home buyers/investors that no other competitor is currently offering: that is, free educational classes for the public about the process of buying, investing, owning, keeping up or rehabbing houses. The purpose of this service would be that it draws potential clients into