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 Adams v. Kerr, the Missouri Court of Appeals addressed the duty of loyalty owed by an agent to its principal. The court held that where, at the time of execution of a sales contract, a seller is not informed that his broker also represents the purchaser, the broker has breached his duty of undivided loyalty.
On March 4, 1980, the Kerrs (sellers) listed...
In Holter v. Moore & Co., the Tenth Circuit affirmed the district court's holdings in finding that sales agents could not conspire with their broker/principal and that there was no violation of the Sherman Antitrust Act.
Holter sold his home in Fort Collins, Colo. through Miller, a sales agent for Moore & Co. (Moore). Holter paid Moore a 7%...
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 1982 the Rhode Island Supreme Court reviewed a trial court's decision to vacate a Board arbitration award. A broker from Executive Investments filed a Request for Arbitration with the Washington County Board of REALTORS...
In Young v. Whidbey Island Board of REALTORS®, the Supreme Court of Washington affirmed a superior court holding that limitations on MLS access based on membership in a local Board of REALTORS® violated the Unfair Business Practices-Consumer Protection Act (UBP-CPA). The supreme court also affirmed that the doctrine of avoidable consequences (i.e., mitigation of...
In United Multiple Listing Service, Inc. (UMLS) v. Bernstein, the California Court of Appeal addressed disciplinary actions for failing to arbitrate.
A commission dispute arose between Bernstein and another member of UMLS, and Bernstein refused to submit to arbitration. After receiving due notice, Mr. Bernstein refused to appear at, or participate in, the...
In Smith v. Sullivan, the Supreme Court of Mississippi addressed the issues of implied agency and undisclosed dual agency. The court found that an expired agency contract may be extended by a broker's actions and the principal's acquiescense, and that where implied agency exists, the agent owes all requisite fiduciary duties.
The Sullivans (sellers)...
In Pomanowski v. Monmouth County BOR®, the Supreme Court of New Jersey addressed a practice of the Monmouth County Board of REALTORS® which denying non-members access to a multiple listing service (MLS). The court held that the Board's denial of access was reasonable and did not violate the New Jersey Antitrust Act.
Pomanowski, a licensed real estate...
In 1982, the Supreme Court of Utah addressed an alleged misrepresentation due to a MLS error. The court held that a purchaser could not recover where he: (1) inspected a house before buying it; and (2) before closing, signed and acknowledged receipt of documents which indicated the actual square footage of the house.
Quail Valley Realty (QVR) acquired a listing agreement for the sale...
In Coldwell Banker v. Karlock, the Seventh Circuit addressed whether a broker was entitled to a commission where he had allegedly not used his "best efforts" in finding a potential purchaser. The court held that the broker satisfied his requirement of producing a "ready, willing, and able" purchaser. Further, the court refused to enforce an Indiana...
Havens Realty v. Coleman: U.S. Supreme Court Reviews Parties' Standing to Sue Under Fair Housing Act
In Havens Realty v. Coleman, the Supreme Court addressed standing under the Fair Housing Act (Act), and the proper construction of section 812(a) of the Act, which imposes a 180-day statute of limitations. The Court held that individuals and housing organizations have standing to sue, and that where fair housing violations are continuous, the 180-day statute of...