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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 federal appellate court considered whether a state can stop a corporation from making direct financial contributions to ballot issue campaigns.
The voters of Montana, through a ballot initiative ("Initiative"), approved a bill which amended the state's election laws. The Initiative prohibited Montana corporations from making direct financial contributions in support of...
A federal court considered whether a condominium association's management company is required to make a reasonable accommodation for a resident afflicted with Tourette's syndrome.
Jeffry Marthon and his wife, Maureen Kilty (collectively, "Residents") have lived in the Maple Grove Condominiums, in Downers Grove, Illinois, since 1986. The Maple Grove Condominium...
A Missouri court decided whether a validly recorded bank lien has priority over a broker's lien under the Missouri Commercial Real Estate Brokers Lien Act ("Act").
In 1989, Nooney Company ("Owner") purchased a strip mall. At the time of purchase, the Owner gave NationsBank, N.A. ("Bank") a first Deed of Trust on the property, and later modified the...
The United States District Court for the Western District of Texas, Austin Division, recently dissolved the preliminary injunction it entered against the Austin Board of REALTORS® ("Board") and its wholly-owned MLS subsidiary, Austin/Central Texas Realty Information Service. The facts of this case were previously reported in The Letter of the Law- click here to read the prior...
A federal court considered an apartment building owner's challenge to a jury's punitive damages award for violations of the federal Fair Housing Act ("Act").
Carol Szwast, mother of two minor children ("Plaintiffs"), sued the Carlton Apartments and its owners ("Owners") for violating the Act's prohibition on familial status discrimination in...
A Massachusetts court recently considered a challenge to an arbitration award stemming from a commission dispute.
George Crawford and Buyer's Choice Realty ("Challengers") had a dispute with Paul McNulty and Ann Blackham & Company REALTORS®("Commission Recipients") over a commission from the sale of a house. Both parties are members of the Greater Boston...
A Florida appellate court recently considered whether a broker who introduced buyers to a property could proceed with a lawsuit that claimed that a broker who ultimately represented the buyers was unjustly enriched.
Framer Realty, Inc., ("Framer") was contacted by the eventual buyers ("Buyers") of an expensive residential property ("Property"). During two...
A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers' property.
Irving and Martha Sonnenschein ("Sellers") listed their condominium for sale with Phyllis Koch Real Estate ("Listing Broker")....
California court holds that owners and operators have duty to take reasonable precautions to protect patrons from criminal acts, even absent criminal activity.
This recent decision from a California appellate court is certain to worry that state’s commercial real estate community. Sharon P. v. Arman, Ltd., et. al. The plaintiff in this case, Sharon P., was attacked and sexually...
In Thomas v. Anchorage Equal Rights Commission, the U.S. Court of Appeals for the Ninth Circuit exempts Alaska landlords from the provisions of the state and local antidiscrimination laws that protect unmarried couples from housing discrimination because the landlords’ Christian religious beliefs prevent them from renting to unmarried couples.
The plaintiffs in this case were two...