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.
NAR successfully challenged a member’s website that improperly used “REALTOR” as part of its domain name.
A federal court has considered whether there was a restraint of trade by an association and an MLS over ethics complaints filed against a member.
A North Carolina appellate court has considered whether a brokerage had a duty to alert the buyer that the firm’s principal was in the process of developing a parcel of land that would obstruct the buyer’s ocean view.
In spring 2005, Roger and Terri Sutton (“Buyers”) began searching for an investment property on Emerald Isle, North Carolina. The Buyers contacted...
Maine’s highest court has considered a challenge brought by the nonprevailing party in an arbitration proceeding conducted by the Bangor Board of REALTORS® (“Association”).
David Sleeper (“Prevailing Party”) filed a lawsuit seeking confirm an arbitration award he received in a proceeding conducted by the Association that the nonprevailing party, Scott...
A federal court has considered a motion filed by shareholder REALTOR® associations seeking dismissal from a lawsuit alleging antitrust violations against a regional multiple listing that the associations jointly owned.
A Tennessee court has considered whether a real estate brokerage could collect a commission from a transaction with a buyer who learned about the property through online advertisements that closed after the listing agreement terminated.
Sarah Carver (“Seller”) listed her home for sale with real estate brokerage firm Crye-Leike, Inc. (“Brokerage”). The listing...
A California court has considered whether a brokerage could enforce a provision in its independent contractor agreement that required its salespeople to arbitrate all disputes at the local REALTOR® association.
Karena Wherry and Rocelyn Traich (collectively, “Salespeople”) both entered into separate independent contractor agreements with Award, Inc. (“Brokerage...
A federal appellate court has considered a photographer’s appeal of the lower court’s award of attorney’s fees in her copyright infringement lawsuit against a multiple listing service.
Meredith DiCarolis (“Salesperson”) was a real estate licensee associated with Revier d/b/a RE/MAX Partners (“Brokerage”). The Salesperson hired photographer...
An Ohio appellate court has considered whether a buyers’ lawsuit against a listing broker over flooding on the property could proceed when then property was sold “as-is” and the buyers knew of the potential for flooding on the property.
Real estate salesperson Jill Perry (“Buyer’s Representative”) showed Carol and Paul Fleck (“Buyers”) a...
A New York court has considered whether a listing broker breached her fiduciary duty when she showed the eventual buyer other properties while she continued to represent the seller.
Franklin and Shelia Tretter (“Sellers”) retained real estate brokerage Douglas Elliman Real Estate (“Brokerage”) to list their cooperative apartment for sale, with Barbara Lockwood...