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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The Supreme Court of the United States has considered whether Florida beachfront property owners could claim a “taking” when the state filled in the beaches near their property with additional sand.

Florida law provides that the state owns all submerged land under navigable waters and the land between the low tide line and the mean high-tide line. Waterfront property owners...

A federal appellate court has considered whether a general partner in a partnership formed to develop real estate violated his fiduciary duty when he excluded his partners from a subsequent transaction.

In 2004, James Carpenter (“Carpenter”) entered into an agreement to purchase and then develop a parcel of land. Because Carpenter did not have sufficient funds to complete...

A Colorado federal court has considered whether a broker serving as a transaction broker could be liable for failing to meet the clients’ demand for a mold inspection on the property.

Martha and Walter Taylor (“Buyers”) contacted Carol Dopkin of Carol Dopkin Real Estate, Inc. (“Broker”) about their interest in purchasing a property in Aspen, Colorado. The...

A Colorado appellate court has considered whether a licensee acting as a transaction broker had a duty to investigate whether a listing had the proper permits to continue business operations.

Daniel W. Weddel, Sr. (“Seller”) listed a RV park that he owned for sale with Hall Realty (“Broker”). The property contained twelve RV sites, six cabins, a home, office,...

A Missouri appellate court has considered whether a real estate broker could collect a cooperative commission directly from the seller of a property.

In 2005, Deer Run Properties, LLC (“Seller”) listed for sale condominiums with a broker for 12 months. The exclusive agency listing agreement offered the broker a commission for all buyers it introduced to the property and who...

An Ohio federal court has considered a buyer’s argument that a real estate firm violated the Real Estate Settlement Procedures Act (“RESPA”) by allegedly requiring a buyer to use an affiliated business for settlement services.

Sean McCullough (“Buyer”) retained Howard Hanna Company (“Brokerage”) to assist him with the purchase of a home. The...

A Florida federal court considers allegations against a multiple listing service in a lawsuit brought by a photographer .

Meredith DiCarolis (“Salesperson”) was a real estate licensee associated with Revier d/b/a RE/MAX Partners (“Brokerage”). The Salesperson hired photographer Lizzette Dawes-Ordonez (“Photographer”) to take pictures of a home. The...

Following a ruling that a Washington State brokerage had violated the NATIONAL ASSOCIATION OF REALTOR®’s (“NAR”) trademark rights, NAR entered into a settlement agreement with the infringing brokerage and collected monetary damages. Click here to read a summary of the trial court’s decision.

NAR has federally registered the marks REALTOR® and REALTORS...

Tennessee’s highest court has considered whether the state’s Consumer Protection Act (“Act”) applied to real estate professionals selling their principal residence.

David and Theresa Vincent (collectively, “Sellers”) both work in the real estate industry. Theresa is a real estate broker, while David is a builder and developer. David was the developer...

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