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Limits population growth and density also employs set backs |
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encourage the highest and best use of land |
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To use the land for a purpose that does not apply with its current use designation |
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Non Compliance with code court order |
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buyer by words and/or actions the buyers feels the broker is acting on their behalf when in fact that is not the intent |
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Full and complete disclosure by developers to perspective purchasers before commitment to buy 7 days cooling period |
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add square footage of each story of the building/square footage of the land |
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Temporary suspension of property taxes used to encourage economic development |
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inducing owners to sell leading them to believe that minorities are moving into the area |
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denying credit or varying terms for different individuals |
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Landmark decision affirmed that the 1866 decision still valid and enforceable |
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-Telemarketers have 31 days -business relationship have 18 months since last transaction -consumer inquiry has 3 months from date of last inquiry -Opt out request must be honored in 10 days. |
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Intentional and deliberate |
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body of common law that surrounds the situation when the principal delegates to an agent the right to act on their behalf and exercise discretion |
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The broker who earns the commission in an Exclusive right to sell might have to prove right of compensation by procuring cause |
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permits a small area to have a use inconsistent with the surrounding area |
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Third party relies on the principal's expressed or implied representation That a certain person is his/her agent even though an agreement never exist |
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the principal can terminate an agency agreement |
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contract creates obligations each party needs to fulfill parties may be forced to perform |
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Georgia Uniform Deceptive Trade Practices Act (UDTPA) |
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no discriminatory advertising no broker used if renting in an owner occupied building four unit or less |
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agent terminates agreement |
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bankruptcy or judged to be legally incompetent |
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Georgia Stigmatized Property Law |
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Not required if customer unless customer asks. If buyer is a client allegiance to disclose any relevant facts including the property is psychologically impacted. |
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When a tenant has been notified to move and refuses landlord must file |
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All elements there however, one or more of the elements may be removed at the option of the party. only the injured party can recind |
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listed with one broker however the owner can sell him/herself with no obligation to pay commission |
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State Laws real estate contracts must be in writing exception leases one year or less must be in writing to be enforceable |
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contains the four elements
-competent -mutual asset -consideration -lawful purpose |
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rezoning of a parcel to a lower density or less profitable use |
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constructive communication |
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When received or when sent if written in if no means in contract notice shall be communicated by the same method as the offer |
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substituting one for another (new contract) |
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void contract (is not a contract) |
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one of the four elements missing |
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contract was valid when made except cannot be proven or cannot be enforced by law |
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Georgia Fair Business Practices Act (FBPA) |
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concealment of important information |
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tenant leaves landlord has violated |
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innocent misrepresentation |
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Honest mistake based on misinformation no deceit or intention |
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Written agreement always take precedence |
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legal action against holdover tenant |
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Constructive Fraud/negligent misrepresentation |
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no intent to mislead however facts are misrepresented when the person could have found out |
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