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Case summaries are provided for educational purposes only, and are not a substitute for legal advice by a licensed attorney in your jurisdiction. Case law may change over time, so be sure to confirm a case is still good law.
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A New Jersey appellate court upheld discipline imposed by a real estate commission on licensees for their role in selling a new home to a second buyer before the underlying transaction had closed.
A California appellate court has considered whether a corporation's designated broker could be personally liable for the actions taken by one of the corporation's salespeople, absent a showing of special circumstances.
NAR received a $500,000 judgment from an Illinois federal court for a website operator's willful violations of NAR's trademark rights.
A Utah federal court refused to order a firm to turn over commissions derived from the sale of two properties purchased by the operator of a Ponzi scheme.
Resolving a circuit split in the manner urged by NAR, the Supreme Court ruled that RESPA requires a fee split of a settlement-service fee for a §2607(b) violation.
Resolving a circuit split in the manner urged by NAR, the Supreme Court ruled that RESPA requires a fee split of a settlement-service fee for a §2607(b) violation.
A Hawaii court found that the "Frog Addendum" alerted the buyer to a potential issue and also stated that the broker had no duty to disclose that the surrounding neighborhood was allegedly frequented by drug dealers and prostitutes.
A court ruled that a brokerage violated federal trademark law when nonmembers used the REALTOR® mark, so it will consider the amount of damages that NAR is entitled to collect from the brokerage.
A Colorado court ruled that a jury needs to determine whether a brokerage was liable for not making the sellers aware of a paragraph in the purchase contract that gave the buyers a $1.6 million credit for infrastructure costs.
A New York appellate court has considered whether a commission dispute should be sent to a REALTOR® association arbitration or to a jury for resolution.
Barbara Faraone ("Owner") owned a parcel of land that she decided to sell in late 2003. Allegedly, the Owner entered into an oral listing agreement with real estate brokerage Land Man Realty, Inc. ("Land Man"),...