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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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The California Association of REALTORS® ("CAR") has received a one million dollar judgment and a permanent injunction against Equisource Real Estate, Inc., for copyright infringement resulting from Equisource's posting of the Association's forms on the Internet.
Equisource made available over the Internet various CAR forms and also forms derived from CAR's...
An Iowa appellate court has considered whether a listing broker and a seller were liable to a buyer when a commercial property's listing overstated the property's acreage.
The Estate of Henry C. Meyer ("Seller") listed a commercial property located in Cedar County, Iowa, for sale with Merlin Conrad of Petersen Realty Company (collectively, "Brokerage"). The...
A federal appeals court has considered whether a bankruptcy trustee can void an Ohio mortgage because of the mortgage's failure to meet the state's requirement of two witnesses.
In 1997, Bernard and Gloria Zaptocky ("Debtors") refinanced their home with Chase Manhattan Bank ("Bank"), giving the Bank a second mortgage on the property. In 1998, the Debtors...
A North Carolina appellate court has ruled on whether a jury should consider the fraud allegations made in a buyer's lawsuit against the seller and builder for structural problems arising in a house clad with a Exterior Insulation and Finish System ("EIFS"), or synthetic stucco.
In 1993, Ramon and Regine Everts ("Buyers") purchased a home with an EIFS exterior...
An Ohio appellate court has ruled that a buyer's representative did not have a fiduciary duty to give her client requested information about an area's racial composition.
Joel and Zondra Hannah ("Buyers") decided to relocate their family from Virginia to Cincinnati, Ohio. The Buyers contacted real estate brokerage Sibcy Cline, Inc. ("Brokerage") about...
A federal court has considered how the United States Department of Housing and Urban Development's ("HUD") recent clarification of its 1999 Statement of Policy affects a class-action lawsuit brought against a lender alleging RESPA violations for its practice of making yield-spread payments to mortgage brokers.
Mary Bjustrom ("Borrower") was the representative...
A Colorado appellate court has reversed a trial court's award of defense costs to a real estate brokerage to be paid by brokerage's seller client, arising from a buyer's lawsuit against both the seller and the brokerage.
Marjorie and Randall Bender ("Sellers") entered into a listing agreement with Vern Johnson of Johnson Realty ("Brokerage"). Even though...
An Arkansas court has considered whether a seller of a commercial property was still required to pay a broker a commission pursuant to a "joint listing agreement" when the other broker who signed an identical contract canceled its agreement with the seller.
The Jim and Jane Meddress Joint Revocable Trust ("Owner") was the owner of a commercial property. The Owner...
A federal appeals court has considered whether an auction company can be liable to a property owner for allegedly misrepresenting the price a property would sell for at an auction when the property, which had previously been under contract for $1.8 million, was sold for $8,000 at an auction conducted by the company.
Merrill Kearney ("Owner") owned 80 acres of waterfront...
A Texas appellate has considered an insurance company's challenge to a jury verdict for over $32 million in favor of an insured homeowner that revolved around mold contamination in her home.