Legal Case Summaries

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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Colorado court rules that a “for sale” sign is not an invitation for buyers to enter the property and so dismissed lawsuit brought by a buyer who suffered injuries when she entered the property unaccompanied by the listing broker.

Arizona appellate court has determined that a salesperson was not an employee of the brokerage firm but rather an independent contractor, and thus the brokerage was not vicariously liable for the salesperson’s automobile accident.

Illinois court rules that a broker’s statement that he had a “strong relationship” with the alderman did not constitute a misstatement of fact necessary to bring a misrepresentation claim.

A California appellate court considers the damages awarded to a purchaser who was told by real estate professional that a strange smell was “sea air” but later turned out to be coming from a septic tank and an oil tank buried on the property.

A California appellate court considers the damages awarded to a purchaser who was told by real estate professional that a strange smell was “sea air” but later turned out to be coming from a septic tank and an oil tank buried on the property.

New York appellate court affirms dismissal of lawsuit alleging that listing broker had a duty to confirm that owner had obtained the proper permits needed to lease property.

Georgia federal court rules that fact issues remain as to whether real estate professionals, who were retained to preserve and market a foreclosed property, were operating under the control of the Fannie Mae because of the extensive rules imposed upon the real estate professionals through Fannie’s listing agreement.

The Supreme Court of the United States has upheld a property owner’s right to challenge in court an Army Corps of Engineers determination that a property contained wetlands in a case where NAR filed a brief in support of the property owner.

Supreme Court of the United States determines that a party alleging statutory violations must demonstrate an actual, concrete injury in order to have standing to bring a lawsuit in a case where NAR filed an amicus curiae brief.

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