Can you sue seller for not disclosing?

Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it. Unfortunately, many sellers know about defects. Often, they will do things to mask the defect, like repainting or putting in new carpet.

How do you tell if a company has been sued?

You can find out whether a company has been involved in litigation by obtaining a Comprehensive Report from Dun & Bradstreet. Through a Comprehensive Report, you can find out a company’s background and look for the presence of any lawsuits, liens, or judgments.

Can you sue for unpermitted work?

There are instances when you can sue the previous owner for unpermitted work. If the owner did not disclose the work (which they are legally obligated to), then you can sue them for misleading real estate practices. In some cases, you may be able to sue the previous owner even if you knew about the unpermitted work.

Can a private citizen violate the Constitution?

Only a governmental entity can, or indirectly, an individual exercising responsibility for that governmental entity. Each of us, as private citizens, cannot violate the Constitution.

Should you disclose unpermitted work?

Homeowners should never sell without disclosing unpermitted work, even if previous owners were at fault. They could ultimately be held liable for the costs of any repairs, permits, or remediations. Nor should a home be advertised in a way that highlights unpermitted rooms, features, or other additions.

How do companies disclose government investigations?

When companies disclose investigations, they often include such disclosure in the “Legal Proceedings” sections of their public filings. Item 103 includes a directive that companies “describe any material pending legal proceeding … known to be contemplated by government authorities.”

What happens if a company fails to disclose litigation risk?

Under similar laws in the US, failing to disclose such litigation risk has precipitated class actions. These disclosure obligations are enshrined in law and are part of a company’s contract with the ASX. As long as the company remains listed on the ASX, it effectively makes a statement that it is complying with that contract.

Are there any current cases relating to company disclosures?

But this is not the only current case relating to company disclosures. Newcrest Mining, Slater & Gordon, Bellamy’s, and Murray Goulburn are all currently facing class action litigation over their disclosure practices. What are the disclosure obligations?

Can a company make a statement that is not misleading?

Under SEC Rules 10b-5 and 12b-20, companies may not omit material facts necessary to make the statements that they make “not misleading.” The Supreme Court recently emphasized the obligation not to mislead through omissions under the Securities Act even when the affirmative statements made were accurate. [6]