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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 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"),...
A federal appellate court recently allowed a jury to consider allegations that a municipality’s enforcement of its housing code had a disproportionate effect on racial minorities in violation of the federal Fair Housing Act (“Act”).
Hesseltine v. Charleston Trident BOR: Board Settles Trademark Infringment Case With Suspended Member
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 1986 a suspended Member brought suit against the Charleston Trident Board of REALTROS® alleging that her suspension by the Board caused her damages because she was unable to access MLS operations or use the term "...
In Park v. El Paso Board of REALTORS®, the Fifth Circuit addressed allegations of a group boycott and price fixing against a Board of REALTORS® (Board) and several real estate firms. The court held that the jury's finding that boycotting and price fixing occurred was substantiated by the evidence, but that the Board was not liable, as it had not...
In Hornstein v. Podwitz, the Court of Appeals of New York addressed allegations by a broker against purchasers of property for tortious interference with contract.
A Nebraska federal court rejected a facial challenge to the constitutionality of the state's long-arm statute in the state's attempt to regulate a California broker who was placing Nebraska property listings on Realtor.com.
Vermont court rules that pre-suit mediation clause and limitation of liability provisions contained in a purchase & sale form contract created by the state association did not violate the state's consumer fraud laws.
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...