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.
A court has considered whether borrowers owe taxes for the amount of debt discharged by a lender from a short sale of real estate.
George Stevens (“Taxpayer”) and his then-wife, Sharon Stevens (“Spouse”), purchased a residential property for investment purposes for $256,000. The property needed work, and so the plan was for the Stevens to put some money into the...
A Texas federal court has considered a motion to dismiss a lawsuit filed by a member containing antitrust violations over a REALTOR® association’s administration of a professional standards hearing.
Larry Jolley (“Member”) was a member of the San Angelo Association of REALTORS® (TX) and the Texas Association of REALTORS® (“Association”). In...
A Texas court has considered whether a listing broker was liable for providing inaccurate square footage information.
Jason and Ashley Bradford (“Buyers”) became interested in a home owned by John and Beatrice Vasquez (“Sellers”). The Buyers had determined that the property had a lower per square foot price than other similar properties by using the property...
An Illinois appellate court has considered whether a lower court properly ruled that a nonsolicitation clause in a real estate brokerage’s office manager’s employment agreement was unenforceable.
In November 1996, real estate brokerage Baird & Warner Residential Sales, Inc. (“B&W”) hired Patricia Mazzone (“Employee”) to manage one of its...
A REALTOR® association challenged the constitutionality of the local zoning ordinances designed to increase the amount of affordable housing.
The City of McCall (“City”) enacted two ordinances in 2006. Ordinance number 819 requires that all applications for new subdivisions must include a plan that 20% of the lots and homes will be permanently restricted as affordable...
A REALTOR® association challenged the constitutionality of the local zoning ordinances designed to increase the amount of affordable housing.
The City of McCall (“City”) enacted two ordinances in 2006. Ordinance number 819 requires that all applications for new subdivisions must include a plan that 20% of the lots and homes will be permanently restricted as affordable...
A New York appellate court has considered a buyer’s representative’s lawsuit against the seller of a property and the listing broker over the seller’s cancelation of the purchase transaction, costing the buyer’s representative a commission.
Patricia Martin and Joan Mackey (collectively, “Sellers”) listed their property for sale with Old Ghent Realty...
Morf v. N. Cent. Mississippi Board of REALTORS®, Inc.: Association's Disciplinary Process Challenged
A Mississippi appellate court has considered whether a REALTOR® association had properly disciplined a member for violations of the association’s rules.
Duffy Morf and Karen Preston-Morf were members of the North Central Mississippi Board of REALTORS® (“Association”). Duffy was the principal broker of a firm, while Karen was associated with the same firm. In...
A South Carolina court has considered whether a seller’s failure to provide a completed disclosure form to the buyer gave the buyer a cause of action against the seller and the real estate brokers.
Dugan McLaughlin (“Buyer”) worked with Barbara Kingsmore of Coldwell Banker Chicora Real Estate (“Buyer’s Representative”) to help him locate a home. The...