Facts supported by competent evidence are binding. Sherzer et ux. Legal Marketing. Miss Roberts also argues that the trial court erred in denying her punitive damages against Northwood for its intentional and outrageous deceit. Northwood for Northwood to sell a residence which was owned by the Decedent and which had been occupied by himself and his sister, Louise Barbagallo Miss Barbagallountil his death.
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See the Greater Pittsburgh Area. E, Municipality: Franklin Park. Property Address: EAGLEWOOD CT PITTSBURGH, PAOwner Name: BORING KIRBY. Work. Kirby Boring, Attorney. Attorney · Pittsburgh, Pennsylvania.
Civil Litigation including Personal Injury and Contracts, Estates and Real Estate. Education.
Although the propriety of the jury charge was the reason for the appeal in Aiello, the Court made explicitly clear in stating its holding and the reason for its holding that it was reaffirming the rule that a principal is liable to third parties for the deceits of his or her agent.
Following commencement of the suit, Miss Roberts, with the permission of the Estate, attempted to sell the residence.
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On remand, the court shall also resolve the Estate's claim against Northwood for contribution or indemnity. We find this argument unpersuasive. Finally, Miss Roberts argues that punitive damages should have been assessed against Northwood because it intentionally failed to disclose the presence of UFFI.
In addition, during January,the Northwood sales representatives were directed to have the disclosure forms completed for properties listed prior to January 1, In March,Louise Barbagallo, executrix of the Estate of Carl Barbagallo, deceased, executed an exclusive real estate listing agreement with Northwood Services, Inc.
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|However, a vendor or his agent may be liable not only for failure to disclose a dangerous condition but also for failure to disclose material information.
The reason for the Court's holding was that to hold otherwise would violate public policy and permit the person who held out his agent as trustworthy not only to escape liability for the frauds of his agent, but also to enjoy the benefits of his agent's fraud at the expense of an innocent third party.
DeJoseph v. Although Northwood argues that it cannot be liable either because the sales representative was not its agent but an independent contractor or, if she is found to be an agent, because the sales representative was found to be not liable, this argument minimizes the fact that Northwood, independent of the actions and knowledge of the sales representative e.
Roberts v. Our review of the record shows that not only did Northwood believe that knowledge of UFFI was material, but on the facts of this case, knowledge of UFFI was in fact material.
Pa. Superior Ct.
(). A.2d Pamela ROBERTS, Appellant, v. Kirby L. Boring, Pittsburgh, for appellee. was a member of the Greater Pittsburgh Board of Realtors (Board of Realtors). Get all available background details for Kirby Boring in Latrobe, PA at Smart 42 more addresses found for Kirby R Boring Latrobe PA:.
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The election as to which remedy to pursue belongs to the purchaser.
Beginning on January 1,West Penn Multilist supplied its members, including Northwood, with forms requiring the owner of property to indicate whether or not the house to be sold contained UFFI and to sign the form.
Because the Aiello Court adopted the rule of a principal's liability for its agent's fraud in order to ensure protection of innocent third parties, we hold that the principal is liable for the agent's conduct, and the liability of the principal, where the agent has acted fraudulently, is not a question for the fact finder but is a question of law for the court. Law Students. She immediately had the insulation tested, and on March 14,gave notice of her election to rescind.
Here there is no evidence that the executrix or the decedent himself knew of the type of insulation.
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|Thus, at the time that the property was sold in this case, the combination of the federal ban, the local guideline, and the professional organization's recommendation demonstrated that knowledge of the possible effects of UFFI and of its existence was information material to a real estate transaction.
Because Miss Roberts has elected the remedy of rescission, Miss Roberts should be returned to the position she was in before the sale occurred. Piercing Pagoda, Inc. Miss Roberts appealed the decision of the Zoning Hearing Board to the Court of Common Pleas which, subsequent to the filing of the appeal in the instant case, rejected Miss Roberts' contention that use of the property as a duplex was a non-conforming use, and denied the double-occupancy permit. Election of the remedy of rescission precludes recovery of damages.
An agent, however, may be liable to an injured third party for his own deceit in a transaction on behalf of his principal. West Penn required that its members have the forms completed for any new property listing to be included in the multilist catalogue after January 1,
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Because Miss Roberts has elected the remedy of rescission, Miss Roberts should be returned to the position she was in before the sale occurred.
Simon, 92 Montg. Therefore, Northwood, as agent of the Estate, may be liable to Miss Roberts for its own deceit. The remedies are inconsistent because the one is based on the abrogation of the sale and the other is based on the continued existence of the sale.