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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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Following the death of J. Perry Olsen, his ranch was listed for sale on an open listing. Vail Associates Real Estate, Inc., a real estate ...
A decision from the Court of Appeals of Maryland, Adloo v. H.T. Brown Real Estate, Inc., held that a lockbox agreement didn't protect a brokerage from liability for its own negligence.
The Adloos had entered into an exclusive listing agreement for the sale of their home with H.T. Brown Real Estate, Inc. (the Broker"). A clause in that agreement stated that neither the Broker,...
The Superior Court of New Jersey awarded a broker a commission in connection with the leasing of a property it did not actually show to the lessee. Cushman & Wakefield of New Jersey, Inc. v. Alexander Summer Co..
In March, 1984, a United Jersey Bank (the "Bank") officer asked two brokers affiliated with the brokerage firm Cushman & Wakefield ("C&W") to...
A Louisiana court recently upheld an association arbitration award. Believing one of its subagents was the procuring cause of a sale, not the buyer broker who had received a commission, the listing broker requested arbitration and prevailed. The buyer broker then filed with the court a motion to vacate, modify and correct the arbitration award. The buyer broker contended that the board, the...
The Court of Appeals of Indiana recently decided a case concerning a real estate broker’s misrepresentation as to the parcel of property that was for sale. Betty Jones Wood, a sales associate affiliated with Tri-Professional Realty Inc., saw a For Sale sign on a subdivision lot. She called the telephone number on the sign, and reached Barbara Yeryar, who agreed to list her property with...
In Price v. Martin, the Supreme Court of Appeals of Virginia addressed the issue of undisclosed dual agency. The court held that a broker cannot act as agent for the buyer and seller in the same transaction without the consent of both, that without such consent the transaction is voidable, and that it may be repudiated by the principal without proof of injury on his part.
In July 1964...
At issue in Burk Baker v. Maclay Properties Company, was the constitutionality of a former Louisiana statute requiring reciprocity for real estate licenses for out-of-state residents and a related regulation governing out-of-state broker cooperation.
Summary judgment in favor of all defendants was entered on December 19, 1994. The district court held that Worrell, the newspaper publisher who claimed that certain members of the Charlottesville Association had unlawfully agreed not to advertise in the paper, did not have standing to challenge what they claimed was an unlawful conspiracy to restrict competition in the real estate brokerage...
In Cabrera v. Jakabovitz, the Second Circuit addressed alleged Fair Housing Act violations based on racial discrimination. The court held that landlords, a listing broker, and rental agents were liable for racial steering with respect to rental property.
Open Housing Center of New York (OHC) investigated AM Realty (AMR), a real estate brokerage firm, to determine its compliance with a...
Note: This case may not constitute current Canadian law. Consult with counsel before relying on this case.
In Century 21 J. E. M. Realty v. Bona Vista Farm, the Alberta Court of Appeal addressed an alleged breach of fiduciary duty by a broker who sought to put pressure on a seller/principal by finding alternative and cheaper land to offer a buyer. The court held that where a broker...