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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 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 (...
In McCready v. Hoffius, et al., the Court of Appeals of Michigan held that a landlord who refuses to rent to unmarried persons does not violate the Michigan Civil Rights Act (the "MCRA") because unmarried cohabitation is not protected by that law.
In PHH Real Estate Services, Inc. v. Mississippi Real Estate Commission, PHH, a large national corporation, sued the Mississippi Real Estate Commission (the "Commission"), challenging a Commission rule. PHH provides its clients with real estate and other services, often contracting with large corporations and other entities (the "affinity groups") to assist their personnel...
A recent Colorado Court of Appeals decision held that the real estate brokers were not a party to the purchase and sale contract between the sellers and the buyers and therefore were not jointly and severally liable for the award of attorney fees. Broderick v. McElroy and McCoy, Inc.
In this case, William and Karen Eberhart (the "Buyers") approached the real estate brokers...
The Asheboro-Randolph Board of REALTORS®, Inc., (North Carolina) (the “Board”) and individual Board members who served on Board hearing panels were sued by a member challenging two professional standards hearings. Wilson Realty & Construction, Inc., v. Asheboro-Randolph Board of REALTORS®, Inc., 1997 WL 33446633 (N.C. Super. Sep. 30, 1997) (order...
In the Wyoming case Fowler v. Westair Enterprises, Inc., the court considered whether an implied agency relationship existed. A sales associate affiliated with Westair Enterprises ("Westair"), showed a home to Charles Fowler. The sales associate, who was also the listing agent, told Fowler that he represented the sellers.
When Fowler questioned some possible defects, the...
In Jankowski Lee & Associates, et. al. v. Cisneros, the U.S. Court of Appeals for the Seventh Circuit found that by refusing to reasonably accommodate a disabled tenant, the manager of an apartment complex, a corporation that partially owned the complex and the managing partner of the complex (together referred to as "Management") had violated the Fair Housing Act (the "FHA...
Note: This is an unreported decision and may not be cited as legal authority. Please consult with counsel before relying on this case.
An Indiana court has ruled in favor of a REALTOR® association and the brokers who prevailed in an arbitration proceeding (the "Prevailing Brokers"). The broker who did not prevail in the arbitration, the ("Nonprevailing...
A recent U.S. Supreme Court case is important to small businesses. In Walters v. Metropolitan Educational Enterprises, Inc., the Court clarified how to calculate the number of employees to determine whether an employer meets the threshold number of employees and therefore is subject to Title VII of the 1964 Civil Rights Act.
Darlene Walters filed a charge with the Equal Employment...
In Louisiana Acorn Fair Housing v. Quarter House, a U.S. District Court held that timeshare units constitute dwellings under the Fair Housing Act (the "FHA").
The Quarter House, a timeshare resort, is located near New Orleans’ French Quarter. In accordance with the resort’s qualification list, the agents refused to show the property to people belonging to any of...