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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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A federal appellate court has evaluated whether a lawsuit involving a transaction fee that a brokerage firm charged to its clients could be certified as a class action lawsuit.
Vicki Busby (“Buyer”) purchased home using a federally insured loan. JRHBW Realty, Inc.’s d/b/a RealtySouth (“Brokerage”) represented the Buyer in the transaction. The Brokerage...
An Arizona appellate court has considered whether a homeowners’ association violated the Arizona Fair Housing Act (“AFHA”) and the Arizona with Disabilities Act (“State ADA”) by allegedly not making its common areas accessible to a wheelchair-bound resident.
Richard B. and Patricia E. Nolan (“Residents”) owned two lots in the Starlight Pines...
A federal appellate court has considered whether the Communications Decency Act of 1996 (“Act”) protected a website on which users posted notices about available housing from allegations that postings on the website violated the federal Fair Housing Act (“FHA”).
Craigslist, Inc. (“Website”) operates a website which allows users to post information...
New York’s highest court addresses a question from a federal court on whether a brokerage breached its duty to its client by representing multiple buyers competing for the same property.
Oleg Rivkin (“Rivkin”) contacted Joshua Luborsky (“Salesperson”) of Century 21 Teran Realty, LLC (“Brokerage”) about his interest in purchasing a vacation home...
A North Carolina court has considered whether a listing broker can be liable for incorrectly stating in the listing that the property was connected to the city sewer when the property actually had a septic tank.
Thomas and Lois Proctor (“Sellers”) listed their home for sale with Colon Mintz, Jr. (“Salesperson”) of Re/Max Property Associates (“Brokerage...
A Massachusetts appellate court has considered the enforceability of a settlement agreement negotiated via email.
Basis Technology Corporation (“Basis”) is a software company. In 1999, Amazon.com, Inc. (“Amazon”), an Internet merchant, sought software and services from Basis in order to create a Japanese e-commerce site. The parties entered into a service...
A Michigan court has considered a member’s challenge to a REALTOR® association’s imposition of discipline on him for his actions in a leasing transaction for vacation properties.
Dean Borland (“Member”) is a licensed real estate professional who is a member of the West Michigan Lakeshore Association of REALTORS® (“Association”). The Member...
A Minnesota court has examined whether a lawsuit brought against a brokerage over the referrals of clients to a title company affiliated with the brokerage was appropriate for class action status.
Kenneth and Dylet Grady (“Buyers”) purchased a home in 2003, and Mary Ellen McGlone (“Salesperson”) of Burnet Realty d/b/a Coldwell Banker Burnet (“Brokerage...
A South Carolina court has considered whether a buyer who placed in escrow a small portion of the purchase price breached the contract, thereby allowing the sellers to void the purchase contract.
A New Jersey appellate court has considered whether the New Jersey Association of REALTORS® (“NJAR”) properly denied a member a sales volume award because she violated the award’s rules by advertising her receipt of the award prior to acceptance.
Glory-Ann Drazinakis (“Member”) is a member of the Hunterdon/Somerset Association of REALTORS® (“...