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. 
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.
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.