"Caveat emptor Caveat emptor (, ) is Latin for ""Let the buyer beware"" (from ""caveat"", ""may he beware"", a subjunctive form of ""cavēre"", ""to beware"" + ""ēmptor"", ""buyer""). Generally, ""caveat emptor"" is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase ""caveat emptor"" and its use as a disclaimer of warranties arise from the fact that buyers typically have less information about the good or service they are purchasing, while the seller has more information. The quality of this situation is known"
"the process used for taking control of goods and, if necessary, their sale at auction to recover amounts of money owed by debtors. Certificated enforcement agent A certificated enforcement agent is a person appointed under Part 3 of the Tribunals, Courts and Enforcement Act 2007 in England and Wales, who may take control of goods and sell them to pay an amount of money when order to do so by a court. Until 2014, they were known as ""certificated bailiffs"". The Tribunals, Courts and Enforcement Act 2007 significantly reformed the process for taking control of goods in order to recover"
"investors are considered highly risky. There is a public interest concern associated with the company designated as Caveat Emptor. Buyer beware. This may include a spam campaign, stock promotion or known investigation of fraudulent activity committed by the company or through inside information. During a spam campaign, any stock that is not in the Current Information category will also have its quotes blocked on otcmarkets.com. The OTC Bulletin Board (OTCBB) is only a listing of securities that are also traded ""over the counter"" similar to the OTC Markets. The OTCBB as an exchange was closed by owner FINRA. OTCBB companies"
"Quia Emptores Quia Emptores is a statute passed in the reign of Edward I of England in 1290 that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute of ""Quo Warranto"" (1290), was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system during the High Middle Ages. The statute takes its name ""Quia Emptores"" from the first two words of the statute in its original"
"the tenants association used this fact to dissuade potential purchasers of vacant flats with an imitation estate agents’ board outside the show flat, warning ""‘Caveat emptor’ – buyer beware – the estate was the subject of a compulsory purchase order"". Central government refused to serve the compulsory purchase order in July 1973, but the council retaliated the same month by serving “dangerous structure” notices on the some of the blocks, requiring the owners to carry out urgent repairs. The council thus persuaded Gulindell to sell. On 6 October 1973 council leader Frank Dobson, announced that Camden Council had bought the"
"Certificated enforcement agent A certificated enforcement agent is a person appointed under Part 3 of the Tribunals, Courts and Enforcement Act 2007 in England and Wales, who may take control of goods and sell them to pay an amount of money when order to do so by a court. Until 2014, they were known as ""certificated bailiffs"". The Tribunals, Courts and Enforcement Act 2007 significantly reformed the process for taking control of goods in order to recover debts owed as a result of court judgements. This process requires a person to be an ""enforcement agent"" in order to exercise the"
"to the labeling of certain persons associated with the industry as 'dot.compradors'. Comprador A comprador or compradore () is a ""person who acts as an agent for foreign organizations engaged in investment, trade, or economic or political exploitation"". A comprador is a native manager of European business houses in East and South East Asia, and, by extension, social groups that play broadly similar roles in other parts of the world. The term ""comprador"", a Portuguese word that means ""buyer"", derives from the Latin ""comparare"", which means ""to procure"". The original usage of the word in East Asia meant a native"
"last two are directly related to ""Quia Emptores"". Other changes came after the Statute of Uses, 1535 and the Statute of Frauds. Quia Emptores Quia Emptores is a statute passed in the reign of Edward I of England in 1290 that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute of ""Quo Warranto"" (1290), was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system during"
"Comprador A comprador or compradore () is a ""person who acts as an agent for foreign organizations engaged in investment, trade, or economic or political exploitation"". A comprador is a native manager of European business houses in East and South East Asia, and, by extension, social groups that play broadly similar roles in other parts of the world. The term ""comprador"", a Portuguese word that means ""buyer"", derives from the Latin ""comparare"", which means ""to procure"". The original usage of the word in East Asia meant a native servant in European households in Guangzhou in southern China or the neighboring"
"Laidlaw v. Organ Laidlaw v. Organ, 15 U.S. (2 Wheat.) 178 (1817), is a case decided by the United States Supreme Court that established ""caveat emptor"" in the U.S. Organ purchased 111 hogsheads of tobacco (111,000 pounds) from Laidlaw & Co. on February 18, 1815 in New Orleans. The purchase was made between 8 and 9am on the same day that news broke that a peace treaty had been accepted between America and Britain, ending the War of 1812 and lifting a naval embargo that had drastically depressed the price of American tobacco by 30 to 50 percent. Organ was"
"John Oliver"". Debt buyer (United States) A debt buyer is a company, sometimes a collection agency, a private debt collection law firm, or a private investor that purchases delinquent or charged-off debts from a creditor or lender for a percentage of the face value of the debt based on the potential collectibility of the accounts. The debt buyer can then collect on its own, utilize the services of a third-party collection agency, repackage and resell portions of the purchased portfolio or any combination of these options. The Federal Trade Commission (FTC) administers the 1997 landmark federal Fair Debt Collection Practices"
"area of a company's social responsibilities squarely into the financial arena. This area of concern is widening to include such considerations as the impact on local communities, the health and welfare of employees and a more thorough examination of a company's supply chain. Until fairly recently, caveat emptor (""buyer beware"") was the governing principle of commerce and trading. In recent times however there has been an increased assumption that the consumer has a right to a degree of protection and the vast growth in damages litigation has meant that consumer protection is a central consideration for those seeking to limit"
"Latent defect In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is often not sufficient to detect certain deficiencies in the product that can only be discovered through destructive testing or other means"
"conducting himself would be equally bound as if he had intended to agree to the other party's terms."" The case stands for the narrow proposition that in a commercial sale by sample (following sample) where the goods conform to the sample shown, the court will mindful of the principle of caveat emptor look more to objective than subjective consensus ad idem. Its wider proposition, not directly relevant to the facts of the case, and later substantially reduced, was that a consumer buying an item, such as ""a horse"", without a representation or warranty (any seller's statement or special term as"
"as anybody who takes steps to ""procure payment of debts due"" under consumer credit agreements and consumer hire agreements. Those who ""purchase"" debts and attempt to collect on them are covered by this definition. Exceptions for these definitions are provided under Section 146 if the credit broker, debt adjuster, debt counsellor or debt collector is the creditor or owner under the credit agreement, the supplier under the agreement, a credit broker who has acquired the business of the supplier or somebody expressly excluded from certain definitions, such as a solicitor. The provisions for suppliers only come into effect when the"
"""authorized acquirer"" — one who purchases the patented article from the patentee or its authorized seller. The court further explained this, using slightly different terminology: [It is a] core notion that exhaustion lifts legal restrictions on an authorized acquirer. The doctrine has never applied unless, at a minimum, the patentee's allegations of infringement . . . entail infringement of the asserted claims by authorized acquirers . . . Here, as noted, that is not so, because infringement of the content claims has not been . . . shown to require that [the authorized] handset acquirers are practicing those claims. As"
"the prejudice of the general body. The claim of each creditor must be dealt with as it existed at the issue of the order.” The Act provides that the “estate” of a “debtor” may be sequestrated. An estate is usually described as a collection of assets and liabilities, but a debtor who has only liabilities may be regarded as having an estate for sequestration purposes. A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a"
"period"" where the consumer may change his mind. If a seller wishes to enter into such a market, it is the seller's risk to do so: caveat vendor. That risk cannot be transferred to the consumer. All credit contracts are covered by the Act. Responsibility for issuing credit is that of the creditor, that is, the merchant. The Act requires all creditors to inform them of any issuance. It is perfectly legal to ask the consumer to pay a premium for credit card purchases or any other form of credit, or to buy a car or motorcycle on lease, but"
"be discovered by a reasonable inspection. Latent defect In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is often not sufficient to detect certain deficiencies in the product that can only be discovered"
"that the broker procure or place the insurance with a nonadmitted insurer. An ""exempt commercial purchaser"" is defined in to mean: any person purchasing commercial insurance that, at the time of placement, meets the following requirements: (A) the person employs or retains a qualified risk manager to negotiate insurance coverage; (B) the person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months; and(C)(i) the person meets at least 1 of the following criteria: (I) The person possesses a net worth in excess of $20,000,000, as such amount is adjusted"
"Straw purchase A straw purchase or nominee purchase is any purchase wherein an agent agrees to acquire a good or service for someone who is unable or unwilling to purchase the good or service themselves, and the agent transfers the goods or services to that person after purchasing them. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those goods or services in the commission of a crime with the prior knowledge of the straw purchaser, or if the ultimate possessor is not legally able to purchase the goods or services."
"Debt buyer (United States) A debt buyer is a company, sometimes a collection agency, a private debt collection law firm, or a private investor that purchases delinquent or charged-off debts from a creditor or lender for a percentage of the face value of the debt based on the potential collectibility of the accounts. The debt buyer can then collect on its own, utilize the services of a third-party collection agency, repackage and resell portions of the purchased portfolio or any combination of these options. The Federal Trade Commission (FTC) administers the 1997 landmark federal Fair Debt Collection Practices Act (FDCPA),"
"any award is determined later; although the standard wording refers to the Chairman of Lloyd's arbitrating any award, in practice the role of arbitrator is passed to specialist admiralty QCs. A ship captured in war is referred to as a prize, and the captors entitled to prize money. Again, this risk is covered by standard policies. The most important sections of this Act include::§4: a policy without insurable interest is void.:§17: imposes a duty on the insured of ""uberrimae fides"" (as opposed to ""caveat emptor""), i.e., that questions must be answered honestly and the risk not misrepresented.:§18: the proposer of"
"by deeds of lease and release. In 1708, William Penn mortgaged Pennsylvania, and under his will devising the province legal complications arose which necessitated a suit in chancery. Over time, ""Quia Emptores"" was suspended in the colonies. Arguably, certain aspects of it may still be in effect in some of the original colony states such as New York, Virginia, Maryland and Pennsylvania. However, like everything else involving ""Quia Emptores"", opinion varies, and some element of confusion reigns. Some U.S. state court decisions have dealt with ""Quia Emptores"". Prominent among these was the 1852 New York case of ""De Peyster v."
"include a person who received an assignment or transfer of a debt in default."" Debt buyers are included in the definition, ""any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another."" New York City enacted a law in 2009 which ""prohibiting debt collection agencies from collecting 'a debt on which the statute of limitations for initiating legal action has expired"
"federal law. Many jurisdictions recognize several forms of stigmatized property, and have passed resolutions or statutes to deal with them. One issue that separates them is disclosure. Depending on the jurisdiction of the house, the seller may not be required to disclose the full facts. Some specific types must always be disclosed, others are up to the jurisdiction, and still others up to the realtor. The types of stigma include: At least in the United States, the principle of ""caveat emptor"" (""let the buyer beware"") was held for many years to govern sales. As the idea of an implied warranty"
"to the seller's advocate or attorney. This is known as champerty. Mackeurtan states, There can be no valid sale, at any stage of the proceedings, of property the subject of such an action, to the advocate or attorney of the seller. Such agreements are known as ""pacta de quota litis"" and are void. The sale by Wells to Samuels of an inheritance expected from Hutton, while Hutton is still alive, is stigmatised by being unenforceable, although it is not void ""ab initio"". Once Hutton has died, however, an inheritance may be sold. Some sales occur either by description or by"
"collecting a debt as an attorney on behalf of and in the name of a client.” The definition of ""debt collector"" was amended in 1986 to omit the prior exemption for attorneys. Despite the amendment, some attorneys maintained that litigation in an attempt to collect a debt did not bring them within the definition of ""debt collector"" in . This issue was not resolved until 1995, when the Supreme Court determined that the FDCPA applies to any attorneys who regularly engage in debt collection activity, even if it includes litigation. A consumer can dispute all or any part of a"
"defraud is not present. Straw purchase A straw purchase or nominee purchase is any purchase wherein an agent agrees to acquire a good or service for someone who is unable or unwilling to purchase the good or service themselves, and the agent transfers the goods or services to that person after purchasing them. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those goods or services in the commission of a crime with the prior knowledge of the straw purchaser, or if the ultimate possessor is not legally able to purchase"
"Chandelor v Lopus Chandelor v Lopus (1603) 79 ER 3 is a famous case in the common law of England. It stands for the distinction between warranties and mere affirmations and announced the rule of ""caveat emptor"" (buyer beware). A man paid £100 for what he thought was a bezoar stone. This is a stone that forms in animals' intestinal systems, and was believed to have magical healing properties. The seller said it was a bezoar stone, which turned out to be false. The buyer sued for the return of the £100 purchase price. How the claimant discovered that the"
"(e.g., mineral rights and easement owners) to be notified, let alone heard on a proposal. This would also eliminate participation of owners of unrecorded title, such as adverse possession or those who have simply failed to record a deed or settle an estate involving the adjacent property. Abutter An abutter is a person (or entity) whose property is adjacent to the property of another. In jurisdictions such as Massachusetts, New Hampshire, and Nova Scotia, it is a defined legal term. Some jurisdictions, such as Virginia, may use the term adjacent landowner, while others, such as California, use the term adjoining"
"reference to the term can be found in a 1765 treatise of William Blackstone: ""WHAT we call purchase, perquisitio, the feudists call conquest, conquaestus, or conquisitio:11 both denoting any means of acquiring an estate out of the common course of inheritance."" Words of purchase Words of purchase are words the grantor used to designate the grantee on a deed, will, or probate that determine who is to receive the interest. The term words of purchase is a technical conveyancing expression, a term of art in real property law that has nothing to do with the ordinary meanings of the word"
"Nemo dat quod non habet Nemo dat quod non habet, literally meaning ""no one gives what they don't have"" is a legal rule, sometimes called the nemo dat"" rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) ""Nemo plus iuris ad alium transferre potest quam ipse habet"""" rule, which means ""one cannot transfer to another more rights than he has"". The rule usually stays valid even if the purchaser does not know that the seller has no"