Legal Case Summaries

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 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...

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...

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...

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