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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 California appellate court has considered whether an individual could challenge a lower court's determination that he ratified a fraudulent transaction relating to property he owned when a friend/real estate salesperson forged a deed transferring the property's title from the individual to the salesperson.
James L. Gerst ("Owner") owned a multifamily building whose...
A New York federal court has ruled on the constitutionality of the state's antisolicitation law.
In 1989, the New York legislature enacted an antisolicitation law ("Law") designed to protect homeowners from unwanted real estate solicitations. The statute created "cease-and-desist zones" throughout the state which prohibited real estate licensees from soliciting...
A Mississippi appellate court has considered whether a real estate salesperson, acting as a fully disclosed dual agent in a transaction, breached her fiduciary duty to a buyer when the salesperson disclosed a termite inspection report to the seller but not to the buyer.
Kathryn and Baxter Lane ("Buyers") were interested in purchasing property owned by A.J.M. Oustalet ("...
Joining a recent judicial trend, the Eleventh Circuit has overruled its earlier decision in the Culpepper case that had allowed a class-action lawsuit to proceed for payment of a yield-spread premium by a mortgage lender to a mortgage broker. In reaching its decision, the court relied upon a 2001 "Statement of Policy" ("SOP") issued by the United States Department of...
A Michigan court has considered whether a real estate broker waived its right to collect a full commission pursuant to a protection clause when one of its salespeople signed an ambiguous purchase agreement.
Michael and Ester Berger ("Sellers") entered into an exclusive listing agreement with Century 21 Associates, Inc. ("Brokerage") for ninety days. The agreement...
A Missouri court has considered allegations made by a buyer against the seller's real estate brokerage firm in a lawsuit brought by the buyer seeking performance of the purchase contract, which the seller had argued was terminated and had thus secured a higher purchase price amount from a different buyer.
Kenneth Howard ("Buyer") entered into an agreement to purchase a...
A federal court has considered whether a seller could void a purchase agreement when the seller continued to negotiate with purchaser after he allegedly believed agreement was terminated.
In 1993, Jerry Biesel ("Seller") entered into a purchase agreement with Karl Billings ("Purchaser") for the sale of a mobile home park ("Property"). Originally, the...
A Texas federal court has considered whether a developer is liable under the Americans with Disabilities Act ("ADA") for failing to make a model home which was used as a sales office accessible to individuals suffering from a disability.
Patricia and Pat Sapp ("Sapps") both suffer from medical conditions which require them to use wheelchairs. The Sapps were...
A federal appellate court has considered a broker's various attempts to receive compensation from the sale of a parcel of land for which the broker was never able to produce any prospects who entered into a binding purchase agreement with owner.
An undeveloped 235-acre property ("Property) in Edgarton, Massachusetts (on Martha's Vineyard) contained 148 possible residential...
A New York trial court has invalidated a vote conducted by a REALTOR® Association to change its bylaws, ruling that the Association's bylaws required the Association to accept proxy votes.
In 2001, the Dutchess County Association of REALTORS® ("Association") conducted a survey of its membership on whether its membership wanted the Association to create and operate...