Supreme Court
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 HISTORY OF THE UNITED STATES SUPREME COURT $35.00 Time Remaining: 17d 11h 25m Buy It Now for only: $35.00 |
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 THE SUPREME COURT BY REHNQUIST SPECIAL EDITION 1992 LEGAL CLASSICS LIBRARY $75.00 Time Remaining: 16d 13h 49m Buy It Now for only: $75.00 |
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 Congress The Constitution and The Supreme Court 1935 Charles Warren Rare Book $45.00 Time Remaining: 4d 9h 52m Buy It Now for only: $45.00 |
 Being an American William ODouglasAssociate justice of Supreme Court 1948 $9.99 Time Remaining: 6d 23h 57m Buy It Now for only: $9.99 |
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 Cases Supreme Court Of State CA C Tuttle 1872 LEATHER $35.99 Time Remaining: 11d 18h 24m Buy It Now for only: $35.99 |
 Nine Men A Political History of the Supreme Court from 1790 to 1955 by FRodel $15.00 Time Remaining: 21d 16h 53m Buy It Now for only: $15.00 |
 THE STORY OF THE SUPREME COURTRichards 1970 1st 5E $5.00 Time Remaining: 21d 16h 26m Buy It Now for only: $5.00 |
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 SUPREME COURT JUSTICE CARDOZO LETTER AND BOOK 1922 RARITY $1,050.00 Time Remaining: 1d 19h 33m |
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 THE WARREN COURT John P Frank 1964 History Supreme Court $13.99 Time Remaining: 17d 19h Buy It Now for only: $13.99 |
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Supreme Court
Supreme Court Promotes Responsibility
So you moved into your new home and it was your pride and joy - for a few days. Then you noticed that the cabinet doors weren't always flush, the plumbing started talking to you, the floorboards creaked - and suddenly the dream was a nightmare. Fortunately in these cases of this type, unlucky home-owners can now benefit from a change in the U.S. law.
Once upon a time it was easy to sue a builder who was at fault; you waved the contract around in court and things happened. In the case of a contract between you - the buyer - and the builder, it is not difficult to make a case against the construction company.
But what can you do when the house that you buy is just not up to the standard that we all expect from brand new construction - and your contract is not with the builder? This becomes difficult as the contract signed by the home owner is with the middle man and not the builder.
Many new home owners have bought their home through a middle man, using a development company that has hired a construction company or a sales office etc.
This is also the case with strata complexes and condo owners - although there can be two different scenarios here. Either the owners have signed up with the management and not the construction company, or the owners have actually bought from the construction company.
In the latter case, some matters (i.e. the overall roof) would come under the jurisdiction of the Home Owners Association (who does not have a business contract, per se, with the builders).
In cases like this, the whole question of responsibility for workmanship could be sidestepped, but the Supreme Court has recently stepped in to rule over these types of situation.
A case had already gone to the Court of Appeals who had found that an Association (as opposed to an owner) had no legal precedent to sue a builder without a direct business relationship and this case raised many questions.
In August 2008 the case came before the Supreme Court of Arizona and the Court of Appeals decision was overturned by the Supreme Court who voted unanimously against it.
Now, even if you do not have a legal contract with the Contractor who built your home, it is still possible to have the construction company be held responsible for its workmanship.
The Supreme Court justified their ruling by saying that the marketplace was changing and in many cases a 'construction entity' builds the homes but a 'sales entity' markets them to the public. Even if it transpires that the builder and the vendor do not have a business relationship, the home buyer should still; have the right to enforce the implied warranty against the builder.
Now the U.S. Justice Department says that the cost of 'remedying defective construction must appropriately fall on the builder rather than on innocent end users'.
This is good news for the general public who may have purchased a home in good faith and when things went wrong they found that they had no recourse. In the lofty and powerful realms of the Supreme Court of Arizona, the little man was heard.
About the Author
Learn more about For Sale By Owner Miami homes at HomesByLender.com, a website with regularly updated For Sale By Owner listings in every state in the nation - buyers and sellers interested in FSBO can use this site as their primary source.
When will the Supreme Court have the courage to rule on the 2nd Amendment?
I have been very disappointed in the way that the U.S. Supreme Court sits in lofty debate on other issues while avoiding constrasting 2nd Amendment rulings at the circuit court level.
Resolve the issue and be done with it. This is their job and they owe it to all Americans.
No, I don't want it overturned, I want it clarified (really, re-clarified, because it's obvious it's an individual right).
I want the Supreme Court to rule on this amendment as an "individual" or "states right", and nullify all federal gun control laws.
I look at it like this: the criminals don't follow the laws, so regulating firearms will only put ridiculous and costly restrictions on law-abiding citizens. All the new legislation will just cause more taxes and government waste. There's this quote I'm rather fond of: "An Armed Person is a Citizen; An Unarmed Person is a Subject." While I don't really expect the government to turn into a serious dictatorship, the subjugation need not come from the government. If the criminals will be armed in spite of legislation, while we are not, it is then that we become subjects of the armed criminals.
The Supreme Court