Legal Case Summaries

In HUD v. Baumgardner, Holly was denied rental accommodation on the basis of his and his prospective roommates' gender. Baumgardner, a home owner, advertised his house "For Rent." Holly contacted him and expressed an interest in renting the house. After describing the property, Baumgardner asked what he intended to do with the house. Holly indicated that he and two other adult...

In Alexander v. McKnight, the California Court of Appeal held that although a neighbor’s actions created a statutory duty for owner to disclose noise and nuisance problems caused by the neighbor, the owner was entitled to an injunction against the actions of the neighbor, but not prospective damages based on the alleged reduction in property value because the neighbor had been enjoined...

In 1992 the Fourth Circuit addressed gender-based discrimination and held that a landlord's duty not to discriminate in leasing or sale of property could not be delegated to the landowner's employee.

In 1989, Walker, a single mother, contacted Town and Country Properties (TCP) about apartments. Walker spoke with Hill, a TCP agent, who provided her with MLS listings for the area...

In Quechee Lakes Rental Corp. v. Boggess, the Supreme Court of Vermont addressed the duration of the fiduciary duties owed by a broker to a seller. The court held that a listing broker's fiduciary duties to the seller continue even after the seller has rejected a purchaser's full-price offer. The court also held that even though the seller did not prove actual harm, because the broker...

In Nordlinger v. Hahn, the U.S. Supreme Court addressed a system of property taxation based on the value of property at the time of acquisition. The Court held that assessment based on acquisition price was constitutional, as long as the state had a rational basis for such a system of taxation.

When California voters approved Article 13A (better known as Proposition 13) of the...

In Huijers v. Demarrais, the California Court of Appeals addressed the issue of disclosure by real estate licensees in dual agency situations. The court enforced a state statute requiring that a licensee disclose the dual agency relationship prior to entering into a listing agreement.

Huijers (buyer) wished to achieve tax-deferred treatment on the sale of his nursery business in...

In Hagans v. Woodruff, the Court of Appeals of Texas addressed a buyer’s allegations of negligent misrepresentation and violations of the Texas Deceptive Trade Practice Act (DPTA) against a broker. The court affirmed the directed verdict on the misrepresentation claim and the jury verdict on the DPTA claim, as it found that, at the time the broker’s statements were made, they were...

In Guice-Mills v. Derwinski, the Second Circuit held that: (1) a former nurse was an "individual with a handicap" within the meaning of the Act because depressive illness and medication interfered with her ability to arrive at work on time; (2) she was not qualified to be a head nurse; and (3) the offer of a staff nurse position was a reasonable accommodation.

In 1980, Guice-...

The Court of Appeals of Wisconsin addressed several claims against a seller's broker stemming from the buyer's subsequent discovery of contamination from a previously-leaking underground storage tank. The court held that claims for negligence, strict responsibility, and intentional and negligent misrepresentation had been property stated against the broker. The court found that...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

A building owner was charged with "steering" families with children over the age of five to other locations, by claiming that his property was unsafe for resident children. Additionally, a provision in the lease agreement prohibiting...