News & Insights

Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

Can a Seller Get Consequential Damages From a Home Buyer Who Breaches the Contract?

The general rule in New York is that consequential damages are not available to a seller of residential real estate when the purchaser breaches the contract of sale. Consequential damages are damages that result from a breach of contract but would not necessarily occur to every injured party; they are due to an injured party’s … Read more

Is Your Contract Enforceable?

During contract negotiations, parties often focus more on their verbal discussions than what is ultimately put in writing. However, when the optimism about the agreement fades and one party tries to avoid their obligations under a contract, the lack of attention paid to the details of the written contract can be problematic. A valid contract … Read more

CAN A PROFESSIONAL BE LIABLE FOR MALPRACTICE WITHOUT A CONTRACTUAL RELATIONSHIP?

Malpractice

Malpractice arises when a professional (doctor, lawyer, etc.) with a duty of care to a party acts in a negligent manner that causes harm to that party. Typically, the duty of care arises because there is a direct contractual relationship between the parties – that is, the plaintiff hired the defendant. However, in a recent … Read more

Information About Economic Duress

economic duress

Generally, courts will respect and enforce the terms of a contract. However, one exception to that rule involves situations where one party was coerced into signing a contract by the other party. Economic duress occurs when one side threatens to breach the agreement if the other party doesn’t accept the new terms. When it occurs, … Read more

What to Do If Your Car is a Lemon?

If you bought or leased a car that’s a “lemon,” you may have a remedy under New York law. The Lemon Law protects consumers when a car doesn’t meet certain standards and can’t be reasonably fixed. If certain requirements are met, the buyer/lessee can get a free repair or buyback. When does the Lemon Law … Read more

WHAT YOU NEED TO KNOW ABOUT USING ELECTRONIC SIGNATURES IN CONTRACTS

Since March 2000, New York has allowed the use of electronic signatures on electronic records in place of actual signatures. The New York Electronic Signatures and Records Act (ESRA) applies to anyone using or accepting electronic records and signatures in New York State, including persons and entities in the public and private sectors. An electronic … Read more