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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 appeals court recently considered whether a plaintiff could recover under the ADA from both a landlord and its tenant for failing to set aside parking spots for disabled individuals at a place of business.
A Nebraska appellate court recently considered what damages a buyer could recover from a seller which failed to complete a property condition disclosure form and also whether the seller's representative could be liable for the seller's failure to complete the form.
In April 1997, David and Julie Bohm ("Buyers") entered into an agreement to purchase property from DMA...
The United States District Court for the Western District of Texas, Midland-Odessa Division, recently ruled against a challenge to the Endangered Species Act on constitutional grounds. Financial support to the challenge was contributed by NAR's Legal Action Committee.
Pursuant to its power to regulate interstate commerce, Congress enacted the Endangered Species Act in 1973 with a...
The Supreme Court of Wyoming recently considered when a challenge to an arbitration award must be filed.
In 1997, Bruce Simon, d/b/a Prime Properties of Jackson Hole ("Broker"), received a commission for the sale of a lot. Following the sale, Jackson Hole Realty ("Claimant") claimed a portion of the Broker's commission. The dispute was submitted to mandatory...
A Maryland federal district court recently considered whether a real estate appraiser could be liable to a third-party lender for negligent misrepresentations.
Huntington Mortgage Company ("Bank") and Mortgage Power Financial Services, Inc. ("Mortgage Broker") entered into an agreement where the Mortgage Broker would submit residential loan applications to the Bank...
In 1999, a Louisiana appellate court recently considered whether a relocation company could be considered a seller of real estate.
Thomas and Virginia Bruns ("Sellers") were transferred from Louisiana to Ohio by Thomas's employer. As part of the relocation agreement with his employer, the Sellers exercised a provision which allowed them to receive the appraised value of...
In 2000 an Illinois appellate court considered whether an unlicensed corporation can bring a lawsuit to collect a brokerage commission.
Ceas Mortgage Company ("Company") brokered the sale of property to various individuals (collectively, "Buyers"). The Company was not licensed to engage in real estate activities in Illinois, although the individual employee who...
A New York federal court recently considered whether a county's tax maps are copyrightable.
In 1974, the County of Suffolk, New York ("County") designed tax maps ("Maps") reflecting the size, location, and ownership of real property in each of the County's political subdivisions. The Maps contain all of the boundaries dividing the County into various...
The Supreme Court of Virginia recently considered whether the statute of frauds barred an oral contract for the sale of new home construction on a lot already owned by the home purchaser.
Edward and Paula Carlton ("Owners") owned a parcel of land within a body of land being developed by the Lake Manassas Limited Partnership ("Developer"). The Developer approved...
The United States Court of Appeals, Fourth Circuit, recently considered an employer's sexual harassment policy and investigation in light of a former employee's "hostile work environment" allegations.
Federal law makes sex discrimination in the workplace illegal. Courts have found that Title VII of the Civil Rights Act, although it does not mention specifically sexual...