Share
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.
Share
In an important decision for REALTOR® associations in Mississippi, the Supreme Court of Mississippi overturned a line of earlier cases which prevented the enforcement of an agreement to arbitrate future disputes.
The case involved an option to purchase land which specified that the purchase price would be determined by arbitrators. In reaching its decision, the court confronted...
Raymond and Lillian Pagano, who were represented by Jim Lawson (the "Buyer’s Representative") made an offer to purchase a condominium unit in
the Black Horse Ranch, California, which was owned by Helga Krohn and listed for sale with Peggy Chodorow (the "Listing Broker"). Krohn
completed a real estate disclosure statement, stating that she was unaware of...
This Georgia case involved the purchase of a new home from Roswell Properties by Maneola Jennings. After closing, Jennings claimed she discovered a variety of structural defects in the house, including a cracked driveway, leaks and soil erosion near a retaining wall. She also claimed there was serious settling of the property, including cracked and shifted walls and floors and a defective deck...
In a recent New York case, Schooley Associates bought a nine-unit apartment building (the "Property") from Circular Street Associates "CSA"). The contract specified that the Property was to be sold "as-is." After the transaction closed, tenants complained to Schooley about freezing pipes and high electric bills and Schooley discovered that the Property’s...
The Quincy Association of REALTORS® (the "Association") operates a multiple listing service (the "MLS"). The MLS’s rules contain the usual requirement that the amount of compensation to be paid to a cooperating broker must be published in the MLS, expressed either as a percentage of the gross selling price of the property or a flat dollar amount.
Vaughn...
A 1997 case from the Court of Appeals of Texas examined whether a broker earned a commission for producing a "ready, willing and able" buyer. Blackstone v. Thalman. In this case, Terry Blackstone listed his home for sale for $750,000 with real estate broker Nancy Thalman. Thalman found a potential purchaser for the home, Carl Lewis, who offered $550,00 cash, and wanted possession 48...
For two years, a young child, Lawrence Willis, and his mother Gloria lived in a Chicago apartment owned by Katalina Stringfield (the "Owner"). The Insurance Company of Illinois ("ICI") sold the Owner a general liability insurance policy covering the property. Gloria Willis filed a lawsuit alleging that Lawrence suffered lead poisoning because he had consumed lead-based...
This case involves two disabled individuals who receive Section 8 housing assistance from the federal government. Salute v. Stratford Greens Garden Apartments. Under the Section 8 program, the tenant pays rent of up to 30% of his income and the government contracts with the private landlord to pay the rest of the market rent. Participation in the Section 8 program is voluntary on the landlord...
In Thomas v. Daubs, the Appellate Court of Illinois affirmed a lower court decision holding that business brokers involved in the sale of a landfill were not entitled to a finder’s fee since they were not licensed to engage in the real estate business. The plaintiffs in this case, William and Robert Thomas, claimed that they were business brokers and that they had an oral agreement with...
A 1997 Appellate Court of Illinois decision held that a release contained in a Cancellation Agreement for Contract to Purchase Real Estate was unenforceable due to lack of consideration. Johnson v. Maki and Associates, Inc. In this case, Jeanne Johnson listed a house for sale with Maki & Associates, Inc. Johnson entered into a real estate contract (the "Contract") with a couple (...