Legal Case Summaries

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

Wilkowski owned a two-family townhouse in Wisconsin. He placed an advertisement in a newspaper which contained the phrase, "one child." From March through April 1990, the advertisement appeared several times. In May 1990, Metropolitan...

In Walker v. Aberdeen-Monroe County Hospital, the district court addressed alleged violations of the Rehabilitation Act of 1973 (Act). The court held that the plaintiff, who suffered from sarcoidosis, was not an "individual with handicaps" within the meaning of the Act, as his condition and its side effects did not "substantially limit one or more of the major life activities....

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

In U.S. v. Vice, a federal district court in Louisiana addressed alleged procedural violations and held that HUD was required to attempt conciliation of complaints prior to trial, but that failure to complete a housing discrimination...

In Van Camp v. Bradford, an Ohio Court addressed whether, in response to an inquiry on the safety of a home, a seller and/or real estate agent had a duty to disclose that a rape had occurred there recently. The court found there were issues of material fact precluding summary judgment for the seller, but found that the agent had no duty to disclose knowledge of the crime simply because he was...

The Supreme Court of Massachusetts held that a landlord was not liable under a state statute making unlawful any "unfair or deceptive acts or practices in the conduct of any trade or commerce" where he leased an apartment to a young, childless couple without disclosing the possibility of lead paint in the apartment. The landlord was an experienced real estate owner and the broker and...

Plaintiffs claimed that discovery of radon in excess of Federal EPA-action levels constituted a defect within the scope of an addendum to the contract addressing "substantial structural, mechanical, electrical, plumbing, roofing, water or sewer defects." The New York Supreme Court, Appellate Division, held that radon, although a health hazard at excessive levels, was not a defect of...

In Smith v. First Family Financial Services, the Supreme Court of Alabama addressed allegations by borrowers against a mortgage lender and correspondent lender alleging fraud, breach of fiduciary duty, and conspiracy. The court found that the question of whether the lenders fully disclosed all of the items required by Alabama law was a fact still in dispute.

In 1988, First Family...

The Second Circuit addressed alleged violations of the Fair Housing Act based on racially discriminatory advertising. The court affirmed that: (1) the plaintiffs had standing; (2) the defendants were liable; (3) the district court correctly granted limited compensatory, and no punitive, damages; and (4) the injunction was proper in scope.

Defendant Harry Macklowe Real Estate was the...

In Moser v. Bertram, the Supreme Court of New Mexico addressed whether a listing agent, who worked for the same broker as the buyer's agent, owed fiduciary duties to the buyer. The court held that although the sales people worked for the same broker, the listing agent could not be charged with the buyer's agent's fiduciary duties or liability resulting from their breach.

...

In Messler v. Phillips, the Colorado Court of Appeals addressed the issues of fiduciary duty and duty of care owed by a listing agent to a buyer. The court held that the listing agent, who also represented the buyer in a concurrent sale deal, did not owe the buyer a fiduciary duty regarding the purchase, but did owe the buyer a common law duty of care.

Messler executed a listing...

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