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.
Owen Wagener & Co. v. U.S. Bank: Broker Cannot Recover Commission From Bank in Foreclosure Situation
A recent Appellate Court of Illinois decision highlights important issues for brokers involved in foreclosure situations. Wagener v. U.S. Bank. In this case, Lewis Kaplan (the “Owner”) owned property located in Crestwood, Illinois. He fell behind on his mortgage payments to U.S. Bank (the “Bank”) and it began foreclosure proceedings. The Owner decided to sell the...
A 1998 Maryland case, Lopata v. Miller, stemmed from a discrepancy in the actual acreage of the property from what had been communicated to the buyers. Marcia and Edward Lopata (the “Buyers”) had asked two social acquaintances of theirs who were real estate salespeople (the “Salespeople”), to help them find a waterfront home with a variety of requirements, such as a...
In a recent case, the U.S. District Court for the Southern District of Ohio ruled that a joint venture agreement between a Michigan entity and an Ohio corporation which was intended to satisfy Ohio real estate brokerage licensing requirements failed to do so. Professional Property Management Services, Inc. v. Agler Green Townhouses, Inc.
Agler Green Townhouses, Inc. (“Agler Green...
In an important victory for the real estate industry, the U.S. Court of Appeals for the Seventh Circuit upheld the ruling of the U.S. District Court for the Northern District of Illinois that the Illinois anti-solicitation statute (the “Statute”) is unconstitutional. To read an earlier summary of the case posted in The Letter of the Law and a more thorough discussion of the facts,...
The federal Fair Debt Collection Practices Act (the “FDCPA”) was enacted to protect consumers from unfair and abusive debt collection practices. It regulates collections made by third parties, such as attorneys, on behalf of another, but it does not apply to the activities of a creditor collecting debts on its own behalf or to the creditor’s employees.
In Ladick...
In a case of importance to residential landlords, the U.S. District Court for the Eastern District of Michigan ruled in favor of the landlord. Schanz v. The Village Apartments.
Edward Schanz applied to rent an apartment in The Village Apartments (the “Village”) located in Wixom, Michigan. At the time, Schanz, who has a mental illness, was not employed and his social...
A recent decision from a New York state court upheld the right of a REALTOR® board to require that a broker be a REALTOR® to gain access to the board’s multiple listing service ("MLS"). Custom Real Estate of Massapequa, Inc. v. Long Island Board of REALTORS®, Inc. and Multiple Listing Service of Long Island, Inc.
In this case, the Long Island Board of...
In a recent case, the Vermont Supreme Court found a real estate brokerage liable to a residential purchaser under the state’s consumer protection act. Carter v. Gugliuzzi. In this case, Flavia Gugliuzzi and others (the “Sellers”) listed their home (the “Property”) for sale with Ruth Bennett, a real estate salesperson who was affiliated with the real estate...
A 1998 decision from the Department of Housing and Urban Development ("HUD") Office of Administrative Law Judges, is important to current owners of inaccessible multifamily dwellings who did not themselves construct or develop the property. In this case, even though the original owner/developer had sold portions of the property, he was not relieved of liability for violations...
A decision from a federal District Court in California provides an in-depth analysis of Section 804 of the Fair Housing Act (the "FHA"). Fair Housing Congress v. Weber. This case involved a 26-unit apartment complex located in Torrence, California (the "Property"). Former tenants who had small children and a fair housing organization brought suit against the manager and...