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.
New Hampshire federal court rules that individual who helped arrange sale of a medical business could not collect a commission from the transaction because he did not hold a New Hampshire real estate license and the transaction involved the acquisition of real estate.
Maryland federal court rules that the homebuyers failed to demonstrate standing to bring the RESPA action and also could not equitably toll RESPA’s statute of limitations in a lawsuit brought against a real estate brokerage over alleged kickbacks from a marketing services agreement with a title company.
In a case of first impression, Tennessee’s highest court rules that home inspector did not owe or assume a duty of care to subsequent visitors to the property and so was not liable for guest’s injuries when deck railing collapsed.
Michigan court affirms lower court award in favor of buyers based on alleged misrepresentations by their representative that they would receive an adjoining garden lot that the sellers had sold a year earlier.
Illinois appellate court affirms lower court ruling in favor of real estate brokerage that it was not liable for injuries suffered by prospective buyer while visiting the property, finding that salesperson was an independent contractor and therefore not under the control of the firm.
New York appellate court affirms lower court ruling that brokerage acted as an undisclosed dual agent and therefore could not seek a commission from the transaction.
Georgia appellate court reverses jury verdict that held the franchisor vicariously liable for actions of franchisee because there was no evidence to support the verdict against the franchisor.
California appellate court affirms verdict against real estate professional who the court ruled had misstated a property’s square footage.
Kansas federal court upholds jury verdict that determined that a real estate licensee was 85% responsible for the buyer’s losses, which occurred when the buyer transferred purchase money to fake account after licensee allegedly forwarded email containing fake wiring instructions to the buyer.
Pennsylvania court rules that state’s real estate licensing scheme is constitutional and so dismisses challenge brought by part-time property manager who claimed the licensing requirements were overly burdensome.