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.
In O'Riordan v. Long Island Board of REALTORS®, the district court addressed tying arrangements and group boycotts in the context of requiring Board membership to participate in a MLS. The court held that under Rule of Reason analysis, the Board practices did not constitute a group boycott or tying agreement in violation of the Sherman Antitrust Act.
The...
In U.S. v. Starrett City Associates, the United States Attorney General (hereinafter Government) filed suit against Starrett City, which owned and operated an apartment housing complex in New York City. At issue was whether Starrett City's rental policies violated Title VIII, Sections 3601-3631 of the Fair Housing Act (FHA).
Prior to the Government becoming...
In Wells v. Greater Lowell Board of REALTORS®, the First Circuit addressed tying arrangements in the context of Board membership as a condition of MLS participation. The court held that limiting access to the MLS to members of the real estate board operating the MLS was not a per se illegal tying arrangement.
Wells Real Estate, Inc. (Wells) was a brokerage...
Real Estate Information Network v. NAR®, involved an unfair trade practice claim by the Real Estate Information Network, Inc. a/k/a REIN against the NATIONAL ASSOCIATION OF REALTORS® (NAR) as operator of the Real Estate Information Network a/k/a REINET. The parties settled the case for $2,500.
Real Estate Information Network, Inc. (REIN) was a New York...
In School Board of Nassau County, Florida v. Arline, the U.S. Supreme Court addressed alleged violations of the Rehabilitation Act of 1973 (Act). The Court held that a person suffering from a contagious disease, such as tuberculosis, could be handicapped within the meaning of the Act, and that the plaintiff was such a person. The Court remanded the case for a...
Dupre v. Columbia BOR: South Carolina Board's Membership Requirements in Violation of Antitrust Laws
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 Dupre v. Columbia Board of REALTORS®, a South Carolina district court addressed a limitation on membership in a local Board of REALTORS® (and thereby the affiliated MLS) based on a...
In Ballou v. Master Properties No. 6, the California Court of Appeal addressed a broker's allegations of fraud against a seller of real estate. The court reversed an order for new trial on damages, affirmed the finding of fraud, and affirmed the award of a $138,000 commission and $2 million in punitive damages.
Traweek was the president of Traweek...
The Superior Court of Pennsylvania held that a broker was liable when a purchaser bought a home with UFFI which adversely affected her health. Even though it was not clear whether the broker actually knew UFFI was present, the court held the broker should have advised the buyer about the possible effects of UFFI because of its knowledge of the Federal ban on UFFI, the potential for health...
In Supermarket of Homes v. San Fernando Valley Board of REALTORS®, the district court found for the Board on its counterclaim and cross-claim, and held that the plaintiff's actions constituted misuse of copyright.
Williams was president of Supermarket of Homes, Inc. (Supermarket), Bar W Properties (Bar W), and Original Supermarket of Homes, Inc. (...
In Newell v. Krause, the Supreme Court of Kansas addressed a broker's claims of fraud against a buyer, a seller, and related corporations. The court affirmed the dismissal of all defendants except the buyer, against whom it affirmed the finding of fraud and award of $171,000 actual damages and $150,000 punitive damages.
Brollier owned several farms in...