Legal Case Summaries
Michigan federal court dismisses lawsuit filed by attorney seeking MLS access without joining a REALTOR® association, with the court finding that the membership requirement isn’t a restraint on competition and it is reasonable for associations to tie membership to MLS access.
Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.
The Court of Appeals for the D.C. Circuit, sitting en banc, upheld an earlier determination that the Consumer Financial Protection Bureau had incorrectly rejected a long-standing RESPA interpretation that payments made to settlement service providers are permissible so long as those payments are for goods or services actually provided and are for fair market value.
Maryland appellate court upholds real estate commission’s sanctions for licensee’s failure to disclose information about possible gas station leak into well water but reverses sanction for failure to disclose existence of HOA when in fact the entity was not an actual HOA.
Vermont’s highest court affirms trial court ruling that landlord did not have to accommodate tenant’s request for a support animal because the animal in question had exhibited aggressive behavior.
Texas court rules that listing broker breached his fiduciary duty and engaged in fraud when he increased the amount of his commission without receiving the seller’s consent.
Tennessee appellate court affirms lower court ruling that buyers could rescind purchase contract and receive an award of attorney’s fees because the seller and the listing broker had failed to properly disclose to the buyers that the property had limited sewer access.
California appellate affirms verdict in favor of real estate professional, finding that the real estate professional who had represented seller in the initial transaction did not have an agency relationship with the seller in the subsequent lease transaction.
California appellate court rules listing broker was not liable for injuries suffered by a potential purchaser when he fell into an empty pool on the property and the broker did not have a duty to warn him that standing over an empty pool on a diving board posed a risk of injury because the danger was open and obvious.
California federal court rules that salesperson and broker infringed another firm’s copyright by using photographs of property in the MLS that the other firm had copyrighted when it had previously listed the property for sale.