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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In De la Torres v. Bolger, the Fifth Circuit addressed alleged violations of the Rehabilitation Act of 1973 (Act). The Fifth Circuit affirmed the district court's dismissal of a case, as it found that being left-handed was not an "impairment" within the meaning of the Rehabilitation Act.

In June 1978, de la Torres was hired as a part-time letter...

In Orval Sheppard v. Valinda Freed & Associates, the district court addressed the applicability of boycott law to the real estate brokerage industry. The court held that absent an express or implied agreement, defendants had not conspired to boycott the plaintiff when they independently decided not to co-broke with him after he went to a flat-fee commission....

In Leo v. Neill, the Supreme Court of Alabama addressed the issue of reliance in the context of MLS errors. The court concluded that where purchasers do not reasonably rely on MLS information, they may not recover damages, even though the information is actually in error.

On April 12, 1979, Neill (buyer) purchased a house in Huntsville, AL. Mary Leo, d/b/a The Leo Agency, was the...

In Menzel v. Morse, the Supreme Court of Iowa addressed the issues of negligence and breach of fiduciary duty. The court found that the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® (NAR) was the standard for determining a broker's negligence. Further, the court held that conduct between the parties can constitute an implied agency relationship with attendant fiduciary duties...

Article 11 (excerpt): REALTORS® shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such...

In Leo v. Neill, the Supreme Court of Alabama addressed the issue of reliance in the context of MLS errors. The court concluded that where purchasers do not reasonably rely on MLS information, they may not recover damages, even though the information is actually in error.

On April 12, 1979, Neill (buyer) purchased a house in Huntsville, AL. Mary Leo, d/b/a The Leo Agency, was the...

In Jorgensen Realty, Inc. v. Box, Jorgensen Realty appealed an order confirming a Board arbitration award. The Colorado Court of Appeals affirmed that the Board had legally arbitrated an inter-member dispute.

Jorgensen, Box, McClintock, and The Frederick R. Ross Investment Co. (FRIC) were members of the Colorado Association of REALTORS® (CAR). A commission...

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