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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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In a recent decision, the Colorado Court of Appeals interpreted that state’s statute addressing when brokerage agreements expire. The parties before the court were Property Assets Brokerage, LLC (“Broker”), and Magna Associates Liquidating Trust (“Owner”).
In 1995, the Owner and the Broker entered into an exclusive listing agreement (“Agreement...
The federal district court for the Middle District of North Carolina dismissed a lawsuit brought against a residential landlord (“Landlord”) by a former tenant (“Tenant”). The Tenant represented herself in this lawsuit. She alleged that the Landlord had violated the Americans with Disabilities Act (“ADA”).
A U.S. Court of Appeals decision from the Sixth Circuit, Landmark Commercial Realty, Inc. v. Developers Diversified, Ltd., involved a Florida real estate broker's attempt to recover compensation for brokerage services rendered in connection with an Ohio transaction. In this case, the plaintiff, Landmark Commercial Realty, Inc. (“Landmark”), is a Florida corporation owned by...
In 1998 the Court of Appeals of Wisconsin ruled on the potential liability of a real estate firm and broker who knowingly attempted to avoid that state’s statutory prohibitions on splitting a commission with a nonlicensed party. Greenlee v. Rainbow Auction/Realty Co., Inc. In this case, Farmer & Merchants Bank (“Bank”) gave Rainbow Auction/Realty Company, Inc. (“...
A case from the District Court of Appeal of Florida addressed the issue of whether a listing broker is entitled to a brokerage commission where the seller refused to complete the transaction. East Kendall Investments, Inc. v. Bankers Real Estate Partners. In this case, East Kendall Investments, Inc. (the "Seller") entered into an exclusive right-to-sell listing agreement (the "...
A May 1999 U.S. Supreme Court decision, Monterey v. Del Monte Dunes, involved a proposed development project by Del Monte Dunes Corp. in the city of Monterey, California (the “City”). The City rejected a series of development proposals by Del Monte, each time imposing more rigorous demands on the proposed project. Del Monte ultimately brought a lawsuit claiming that denial of the...
A case from the Court of Appeals of Mississippi, Lee Hawkins Realty, Inc. v. Moss, involved the duty to ascertain for a buyer the existence of a home warranty. In this case, Philip Moss (the "Buyer") and his wife were moving to Mississippi. He contacted the real estate brokerage firm Lee Hawkins Realty, Inc. (the "Brokerage"), and met with one of its sales associates, David...
In 1994, the Metropolitan Kansas City Board of REALTORS® (“Board”) voted to suspend one of its members, John Steve West (“Member”). At the conclusion of the disciplinary proceedings, the Board immediately filed a declaratory judgment action, seeking a court judicial determination that the Board had not violated any of the Member’s rights during its...
A June 1999 Supreme Court of Oklahoma decision set aside decisions from the Oklahoma Real Estate Commission (the “Commission”) and two lower courts that certain statements contained in an advertising brochure are false and misleading. Snider v. Oklahoma Real Estate Commission.
As part of his advertising efforts, Oklahoma real estate practitioner Kenneth Snider (the “...
Brown v. Roth, a North Carolina Court of Appeals decision, involved communication of incorrect square footage information to a home buyer. In 1993, Charles Brown (the “Buyer”) purchased a home located in Huntersville, North Carolina from the Roths (the “Sellers”). The house was listed with a real estate brokerage firm (the “Brokerage”), whose sales associate...