Legal Case Summaries

The Supreme Court of the United States has upheld a property owner’s right to challenge in court an Army Corps of Engineers determination that a property contained wetlands in a case where NAR filed a brief in support of the property owner.

Supreme Court of the United States determines that a party alleging statutory violations must demonstrate an actual, concrete injury in order to have standing to bring a lawsuit in a case where NAR filed an amicus curiae brief.

Georgia court enters judgment for listing broker because he did not have a fiduciary relationship with the seller since there was no written agreement between the parties and there was also no evidence that broker concealed the erosion on the property.

Georgia court reverses lower court ruling in favor of transaction broker and sent the case back to the trial court to determine whether transaction broker provided buyer sufficient notice of seller’s deadlines.

Pennsylvania court determines that it lacks jurisdiction over a California brokerage because there was no evidence demonstrating that the firm’s salesperson was acting on behalf of the brokerage when he flipped a commercial property in Pennsylvania.

Oregon court rules real estate professional did nothing improper in assisting an elderly client complete a section 1031 exchange, even though a number of the investments later failed.

Connecticut appellate court affirms lower court commission award to a real estate professional when the client violated exclusive representation agreement by buying a property while working with another licensee during the term of both representation agreements.

Federal appellate court rules that New Jersey’s property condition disclosure law did not require developer to disclose the personality traits of the buyer’s neighbor, who allegedly harassed the buyer following her purchase of a home from the developer.

New York court reverses lower court decision in favor of broker because of a factual dispute in a case where an individual fell during a showing and then brought a lawsuit for her injuries.

An Ohio court has affirmed a lower court decision awarding a seller $1.2 million that was primarily based on the brokerage’s failure to make timely court filings.