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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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Two courts have considered whether a lawsuit can be brought against a buyer's representative who is compensated by a seller's broker alleging violations of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 ("Act"). Both courts followed the decision issued in the Flowers case, previously summarized in The Letter of the Law.
Maine case
Kevin...
A New York court has considered whether an attorney could be liable for placing escrow funds into a bank which subsequently collapsed.
A federal appellate court has considered whether a property lease survives a bankruptcy trustee's sale of property subject to a lease when the sale is "free and clear" of all other interests.
In a challenge supported by NAR as well as the Greater Boston Real Estate Board and the Real Access Alliance, Massachusetts's highest court has struck down a regulation adopted by the state's Department of Telecommunications and Energy ("Department") that attempted to regulate private landowners as utilities. Click here to read a summary of the earlier decision in this case...
New Jersey's highest court has considered when the time period for challenging an arbitrator's award began to run after an arbitrator failed to send decision to party that chose to not attend the hearing.
John and Eileen Farry ("Owners") contracted with America's Pride Construction, Inc. ("Remodeler") to perform certain renovations to their home. The...
A South Carolina court has considered whether a developer’s property transfer in order to satisfy the development’s debts triggered a broker's right to a commission.
Sumner Pingree, Jr. ("Developer") owned 5,300 acres of land that he decided to develop into a luxury resort containing a golf course, equestrian sports, and other amenities. The Developer had an...
A federal appellate court has considered whether an insurance company could deny coverage to a homeowner based on a mold coverage exclusion provision contained in the policy.
Tommy and Bessie Maples ("Owners") contracted for the building of a home in Arkansas while they were living abroad in Saudi Arabia. Construction of the home was essentially completed in November 2000, at...
In an unreported decision, a California appellate court reversed an award made in favor of the former property owner because it determined that a commercial real estate broker was not responsible for property sale not closing, despite the fact the broker erroneously valued the property and also acted as an undisclosed dual agent.
Colliers Iliff Thorn ("Brokerage"), a...
A Connecticut appellate court has considered whether a broker owed double damages to salespeople for improperly withholding from them commissions paid to brokerage after the licensees had left the firm.
Five real estate licensees (collectively, "Licensees") complained to the Connecticut Commissioner of Labor ("Commissioner") that broker Mary Lou Wall ("Broker...
A New York appellate court has considered whether a real estate broker's agreement to represent clients in real estate tax reduction hearings was an unenforceable contract because the agreement involved the broker's controlling of the clients' litigation.
Real estate broker Andrew Peck ("Broker") entered into agreements ("Agreements") with a number of...