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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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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 1989 the Superior Court of New Jersey addressed whether a Board could suspend a member for failure to comply with bylaws requiring attendance at a continuing education program based on the NATIONAL ASSOCIATION OF REALTORS...
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 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics. The court of appeals held that a lower court may decide...
In Daley v. Koch, the Second Circuit granted the defendant summary judgment as it found that the plaintiff, who showed "poor judgment, irresponsible behavior and poor impulse control," was neither handicapped nor perceived as handicapped under the Rehabilitation Act of 1973.
In 1984, Daley passed the Civil Service Exam and his name was certified to the...
In Pope v. Mississippi Real Estate Commission, the Fifth Circuit applied the Rule of Reason Test to determine that membership fees based on the number of agents within a real estate agency did not establish an unreasonable entry barrier to the MLS operated by the Board of REALTORS®.
Pope operated a real estate agency in Amory, Mississippi. At one time, he...
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 Supreme Court of Vermont addressed the validity of a Board arbitration award. The court upheld the award, as it found that the Board's handling of the appeal and affirmation of the award did not violate due process....
In 1989 the Superior Court of New Jersey addressed alleged unauthorized practice of law by a real estate broker. The court held that a broker who represented a client before a planning board violated state law regarding the unauthorized practice of law.
Yates (Seller) agreed to sell real estate to Slimm (Buyer). Under the agreement, Seller was to obtain subdivision approval from the...
The Superior Court of Pennsylvania held that a broker was not liable for failure to disclose the presence of chlordane (an insecticide and carcinogen) in well water, as there was no evidence that the broker made any representations regarding chlordane in the water, or that its presence was concealed in any way by the broker.
Smith v. Renaut, 387 Pa. Super. 299,...
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: 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 Allegheny Pittsburgh Coal Company v. County Comm’n of Webster County, WV, the U.S. Supreme Court held that the defendant's method of assessing real property violated the Equal Protection Clause of the United States Constitution.
Between 1975 and 1986, the Tax Assessor of Webster County, West Virginia fixed yearly assessments for property at 50% of...