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.
The Supreme Court has considered whether Florida courts improperly refused to send a matter to arbitration when the contract contained an arbitration clause.
Nineteen individuals and entities (collectively, “Investors”) brought a lawsuit against KPMG LLP (“KPMG”) over auditing services provided by KPMG to three limited partnerships. The Investors had placed...
An Ohio court has considered a challenge to the discipline imposed on a licensee by the state’s real estate commission.
Kevin Randolph (“Broker”) of Randolph & Associates Brokerage (“Brokerage”) had an Ohio real estate broker’s license. In 2004, the Broker represented Sherri Myrick (“Buyer”) in a series of transactions. The Buyer was...
A California court has considered a broker’s liability for allegedly misrepresenting an existing nonconforming use on the property.
In 1997, James and Monica Naegle (“Sellers”) purchased a property containing 14 residential units. The Sellers were represented in the transaction by Alan Van de Vort (“Broker”) of Alan Van de Vort & Associates (“...
A California trial court has considered whether a REALTOR® association can be dismissed from a lawsuit brought against it by a homeowner over language contained in a form created by the association.
Deborah Gidcumb (“Buyer”) purchased a condominium that included a parking space. After the plaintiff moved into her new residence, her vehicle was towed from the covered...
An Illinois federal court has considered whether the final defendants in a long-running antitrust case were entitled to judgment.
An Arizona appellate court has considered whether a contract provision requiring a buyer to verify the property’s size during the inspection period protected the seller from a later lawsuit over square footage size.
Elm Retirement Center, LP (“Buyer”) entered into a contract to purchase a home in July 2005. An advertisement for the property stated that the property...
A California court has considered whether a broker had a duty to inform a buyer that the property had loans exceeding the purchase price amount and so a short sale would likely be needed to close the transaction.
Phil and Jenille Holmes (“Buyers”) entered into an agreement to purchase a home for $749,000. Sieglinde Summer (“Broker”) of Beneficial Services, Inc...
An administrative law judge has considered NAR’s challenge to two domain names registered by a member using the term “REALTOR”.
John Fothergill (“Broker”) owned a real estate brokerage and was a member of the National Association of REALTORS® (“NAR”). In 2009, the Broker registered two domain names, <listitonrealtor.com> and <...
Nevada’s highest court has considered whether a broker could collect a commission from a sale that closed outside of the contractual listing period but within the agreement protection period.
Town Executive Suites-Eastern Marketplace (“Seller”) listed a property for sale with Century 21- Advantage Gold (“Brokerage”), a real estate brokerage firm, and...
A New Jersey appellate has considered whether a lawsuit involving a commission dispute between members of a REALTOR® association should be sent to arbitration when the lawsuit also sought punitive damages.
Island Realty (“Brokerage”) is a real estate brokerage, and Lewis Caton (“Salesperson”) is a licensed salesperson who was formerly associated with the...