Legal Case Summaries

In DeLeon Enterprises v. Zaino, the Court of Special Appeals of Maryland addressed an alleged MLS error regarding lot size. The court refused to allow specific performance to the buyer and held that there was no negligent misrepresentation regarding the discrepancy between the MLS listing and a deed.

Kramer (seller) executed a listing agreement with Steffey REALTORS® (listing agent...

In Thompson v. DeKalb Board of REALTORS®, the 11th Circuit addressed the district court's grant of summary judgment in favor of the defendant Board and MLS, dismissing plaintiffs' claim that the Federal antitrust laws are violated by the requirement that brokers be REALTORS® to gain access to the Board's MLS. Although the 11th Circuit held that summary judgment was improper...

In Stambovsky v. Ackley, the New York Appellate Division addressed whether a seller and/or broker had a duty to disclose the purported presence of ghosts in property. The court found that neither party had a legal duty to disclose the ghosts, but granted the equitable remedy of rescission holding that the seller, who promoted stories about the ghosts in local and national publications, could...

Note: This case is not published in an official reporter and may not be cited as authority. Please consult Counsel before relying on this decision.

In Searl v. Ogden Board of REALTORS®, the Tenth Circuit addressed a discount broker's antitrust and interference with contract claims against the Ogden Board of REALTORS® (Board) and several individual and corporate defendants. The court...

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 rental company refused to rent a one-bedroom apartment to single parents with minor children. The court held that this constituted discrimination based upon familial status.

Tamberelli, a pregnant woman, contacted Properties Unlimited (...

In Moore v. Harry Norman, Inc., REALTORS®, the Court of Appeals of Georgia addressed the liability of a real estate broker and multiple listing service to a homeowner for a burglary that occurred in the owner's home after a lockbox was installed.

In 1987, Moore entered into an exclusive listing agreement with Harry Norman, Inc., REALTORS® (Norman), for the sale of her home...

In Kubinsky v. Van Zandt REALTORS®, the Court of Appeals of Texas addressed the duty owed by a listing agent and a broker regarding defects in property. The court held that neither defendant had a legal duty to inspect listed property for defects over and above asking the vendors if such defects existed, and that neither gave purchaser an implied warranty their services would be performed...

In Chan v. Tsang, the California Court of Appeal addressed whether a buyer's broker may recover a commission from a buyer who refused to complete a real estate transaction without cause. The court held that the buyer was liable to the broker for $100,000, the commission that would have been received from the seller had the buyer performed.

Tsang (Buyer) informed Chan (Broker) 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.

In 1992, the District Court of Colorado addressed the enforceability of the NATIONAL ASSOCIATION OF REALTORS® (NAR) Code of Ethics. The court held that a voluntary membership organization may adopt its own rules and Code of Ethics, to which...

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.

The plaintiff sought return of his deposit on a purchase contract for a home, where the contract provided that the offer was contingent on "purchaser's approval of the result of . . . a radon gas sinspection." Although the tests...