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 Ballo v. James S. Black Co., the Court of Appeals of Washington addressed tying arrangements and price-fixing in the context of joint ventures. The court held that developers who set the sale price of lots in a subdivision, and who required a six percent sales commission, did not violate antitrust law where the land they owned was part of a joint venture and occupied...

In Zoda v. Eckert, the Court of Appeals of Washington addressed questions regarding MLS errors, "As Is Move-in agreements," and whether a real estate salesperson purchasing a house for personal use was an agent of the seller. The court held that a real estate agent who purchases a home for her own use did not have an independent duty to inspect information in...

In Virginia Beach Board of REALTORS®, Inc. v. Goodman Segar Hogan, Inc., the Supreme Court of Virginia reviewed the trial court's decision to vacate a Board arbitration award. The supreme court noted the limited circumstances under which an award may be vacated, reversed the trial court, and upheld the award.

Goodman Segar Hogan (GSH) filed a petition...

In Reed v. King, the California Court of Appeal addressed whether a seller has a duty to disclose a multiple murder in a house that occurred ten years prior to sale. The court found a duty to disclose facts that materially affect the value or desirability of property which facts are known to the seller and are not readily apparent to the buyer. The court remanded for...

In George D. Thomas Builder v. Timmons, the Court of Appeals of Texas addressed an alleged MLS error regarding square footage under the Texas Deceptive Trade Practice Act (DPTA). The court found that the seller had not misrepresented the square footage and was not negligent regarding the error. The court found that the agent was liable under the DPTA and assessed treble...

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...

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