Liability of landowners and real estate brokers in environmental tort actions
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Liability of landowners and real estate brokers in environmental tort actions going beyond property lines by Frances L. Edwards

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Published by Texas Real Estate Research Center, College of Agriculture, Texas A&M University in College Station, Tex .
Written in English



  • Texas.


  • Liability for environmental damages -- Texas.,
  • Liability for condition and use of land -- Texas.

Book details:

Edition Notes

StatementFrances L. Edwards.
SeriesTechnical report / Texas Real Estate Research Center, Technical report (Texas Real Estate Research Center, College of Agriculture, Texas A & M University)
LC ClassificationsKFT1397.8 .E38 1984
The Physical Object
Pagination26 p. :
Number of Pages26
ID Numbers
Open LibraryOL2666007M
LC Control Number85620562

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Legal obligation stemming from a civil wrong or injury for which a court remedy is justified. A tort liability arises because of a combination of a direct violation of a person's rights, the transgression of a public obligation causing damage, or a private wrongdoing. Third, the lender for a real estate transaction may require the borrower to conduct a Phase I environmental assessment. Conclusion Property owners should be aware of their potential liability under state and federal environmental laws for acts or omissions that result in . ENVIRONMENTAL INSURANCE AND THE REAL ESTATE INDUSTRY Propertyowners,realestatemanagers anddevelopersfaceahostof environmentalexposuresthatcanbe.   The article explores the history of real estate broker liability and various tort theories for liability of real estate brokers to purchasers of real property. The article considers statutory and contractual provisions limiting real estate brokers' potential liability and in particular focuses on how courts construe and apply the "as is" clause Author: Craig W. Dallon.

at 1, col. 4 (discussing expansion of tort liability for real estate brokers). Many jurisdictions have recently addressed the issue of real estate broker liability in a misrepresentation action based on a broker's failure to inform a prospective. Chapter 21 Real Estate. Environmental Issues & Real Estate Transactions. STUDY. PLAY. a real estate licensee can avoid liability with environmental issues by --becoming familiar with common environmental problems in the licensees area--looking for signs of environmental contamination. Landowner's Liability for Land Users and Statutory Protection for Landowners tort principles and specific Pennsylvania law as related to the liability of landowners when others use their land both with permission and without. has acted negligently.5 Most agricultural tort actions are, in fact, based on negligence and not. Subject: Real estate broker's liability not relieved by contract. Mr. Richard T. Farrell Secretary, Department of Business and Professional Regulation North Monroe Street Tallahassee, Florida RE: REAL ESTATE BROKERS--CONTRACTS--BUSINESS AND PROFESSIONAL REGULATION, DEPARTMENT OF--broker's liability not relieved by sales agreement.

Allocating Environmental Liability in Real Estate Transactions. While adverse environmental conditions may be unavoidable, appropriate due diligence can help both real estate buyers and sellers avoid a liability mess. The conveyance of commercial or industrial real estate often involves allocation of liability for environmental matters. LIABILITY OF GOVERNMENT-APPOINTED ATTORNEYS IN STATE TORT ACTIONS The liability of a public defender in a state tort action for malpractice has been decided in two recent cases. In Ferri v. Ackermani the United States Supreme Court held that federal law does not grant immunity from state malpractice actions to. Brokers are exposed to liability in a number of different ways during a real estate transaction. Real estate brokers are under a general duty to supervise their agents and may be liable for any of their actions. This liability can include non-disclosure by the agent or the broker, misrepresentation, breach of duty, or inadequate record-keeping.   Harvey S. Jacobs is a real estate lawyer in the Rockville office of Joseph, Greenwald & Laake. He is an active real estate investor, developer, landlord, settlement attorney and lender.