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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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An Ohio court has considered whether a real estate brokerage is required to pay a commission advance company directly a salesperson's portion of the commission, which the salesperson had assigned to the commission advance company.
Commission Express National, Inc. ("Commission Express") is in the business of advancing money to real estate salespeople in exchange for a fee...
A North Carolina court has considered a dispute between two commercial real estate brokers over whether the brokers had an agreement to split a commission received by one of the brokers.
Tom Wood ("Owner") was the owner of an apartment building. In 1997, Michael P. Doyle ("Listing Broker") of Michael P. Doyle, Inc., wrote letters and periodically phoned the Owner to...
An Illinois appellate court has considered whether a broker acting as an escrow agent properly released escrowed funds to seller when purchase contract failed to close.
Georgia appellate court has considered whether report could serve as the basis for lawsuit against seller and inspection company.
Ronald and Terry Smiley ("Purchasers") entered into an agreement to purchase a home from S & J Investments, Inc. ("Owner"). As part of the purchase agreement, Jack E. Hall, Jr. ("Licensee"), the principal agent, delivered to...
A Florida federal court has considered a copyright infringement lawsuit over one website's copying of yacht listing information from another website.
Boats.com ("Boats") operated a website known as "Yachtworld.com" ("Yachtworld") since 1995. Yachtworld is a publicly available website where yacht brokers post their yacht listings for sale. In 2001,...
The Trademark Trial and Appeal Board ("Board") of the United States Patent and Trademark Office has rejected a challenge claiming that the REALTOR® and REALTORS® ("Marks") registered trademarks are generic and should be canceled.
Jacob Joseph Zimmerman ("Challenger") was in the business of buying and selling website addresses combining the Marks...
A federal court has considered whether a landlord violated the federal Fair Housing Act ("Act") by allegedly attempting to obtain Korean tenants exclusively for his properties.
The Housing Rights Center ("Housing Group") investigated the practices of Donald Sterling ("Landlord") to determine if the Landlord's policies and practices violated the Act....
A Georgia court has considered whether a real estate brokerage violated the state's fair housing laws when a seller allegedly engaged in discriminatory behavior.
Tony Hall ("Seller") listed his home for sale with Neal Jackson Realty & Mortgage, Inc. ("Brokerage"). Carol Hayes ("Salesperson"), a salesperson associated with the Brokerage, brought...
A Florida federal court has considered whether Florida law requires arbitrators to have certain qualifications.
The REALTORS® Association of the Palm Beaches, Inc. ("Association") conducted an arbitration pursuant to its rules and procedures. Following the completion of the arbitration process, the nonprevailing party to the arbitration, Hampton Real Estate Group, Inc. (...
A federal tax court has considered the validity of the Internal Revenue Service's ("IRS") determination that solo practioneer lawyer owed employment taxes for his administrative assistants, whom he considered to be independent contractors.
In 1993, Frederick Kumpel ("Attorney") started up his own law practice. Over the years, he first hired Nanci Smith and then...