Legal Case Summaries

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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The case Apex Realty, Inc. v. Schick Realty, Inc., heard Board and arbitrators appeal from interlocutory order of the New Jersey Superior Court (Law Division) requiring them to formulate written findings of fact and conclusions of law regarding their resolution of an issue of contract construction in favor of Apex Realty. The appellate division reversed the decision of...

Note: NAR’s Code of Ethics and Standards of Practice were revised, renumbered and reformatted in 1995. The following cases have been organized according to the revised numbering of the Articles of the Code of Ethics. Where a summary of a case includes a reference to an Article of the Code of Ethics, both the original and revised numbering are noted. Only the current versions of the texts...

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 owner of a mobile home park decided to convert the park to a 55 and older community and banned the sale of homes to families with children under age 18. Complaints alleging discrimination based on familial status were filed with HUD by...

Note: NAR’s Code of Ethics and Standards of Practice were revised, renumbered and reformatted in 1995. The following cases have been organized according to the revised numbering of the Articles of the Code of Ethics. Where a summary of a case includes a reference to an Article of the Code of Ethics, both the original and revised numbering are noted. Only the current versions of the texts...

In a matter filed in the District Court of Santa Fe County, New Mexico, the Plaintiff filed a claim for negligent misrepresentation arising out of an inaccurate acreage figure in a MLS book. The parties settled prior to trial.

Rodriguez (seller) contracted with Lee, of Alan Lee Real Estate (ALRE), and Garcia and Yoder, of Century 21, to sell her home. According to information published...

Note: NAR’s Code of Ethics and Standards of Practice were revised, renumbered and reformatted in 1995. The following cases have been organized according to the revised numbering of the Articles of the Code of Ethics. Where a summary of a case includes a reference to an Article of the Code of Ethics, both the original and revised numbering are noted. Only the current versions of the texts...

Plaintiff purchased land from defendant and later found it to be substantially contaminated in violation of state and Federal law. Plaintiff sued defendant for breach of contract, unfair and deceptive trade practices, and breach of the warranty in the deed that the property owner was free from encumbrances. The district court rejected the first and last of these theories, but permitted the...

Purchasers of a home sued after they discovered the home contained UFFI. The sellers had the UFFI installed, had suffered serious adverse health effects (including a miscarriage), and had initiated litigation against the installers and seller of the UFFI. None of this was disclosed to the buyers or to the seller's real estate agent, although the latter was advised of the litigation and...

In Batten & Tarrant v. Howell & Associates, the South Carolina Court of Appeals addressed the validity of a REALTOR® board arbitration award. The court presented the standard of review and held that the arbitration award should be confirmed.

Howell, of Howell & Associates, and Batten, of Batten & Tarrant, became involved in a dispute over whether Howell owed Batten...

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