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 State ex rel. Miller v. Cedar Rapids Board of REALTORS®, the Supreme Court of Iowa addressed the reasonableness of board membership as it related to MLS access. The court held that if all membership criteria were reasonable and if membership was available to all applicants on the same terms, that MLS access could be limited to board members.

The Cedar...

In 1981 the Supreme Court of Arkansas addressed whether activities by a real estate broker constituted the unauthorized practice of law. The court held that it was in the public interest to permit brokers to fill in the blanks of certain standardized, printed forms in connection with simple real estate transactions, provided the forms had been approved by an attorney.

The Pope County...

Note: This case is not published in a reporter or Westlaw and may not constitute current law. Consult with counsel before relying on this case.

Malawista filed suit against Preferred Realty, Inc., seeking to recover a broker's commission and additional damages for intentional infliction of humiliation and embarrassment. The Board informed Malawista that this was an...

In King v. Larsen Realty, Inc., the California Court of Appeal reivewed the trial court's confirmation of a Board arbitration award. The court of appeal held that the trial court properly confirmed the award.

A dispute arose between King and Larsen Realty, both Board members. Larsen Realty filed an objection to the jurisdiction and authority of the...

In Ellis v. Tri-City Commercial Sales, Inc., the Court of Appeals of Georgia addressed an alleged conspiracy to deprive a brokerage of a commission. The court affirmed the award of actual and punitive damages, as it found: (1) the firm was the procuring cause of the sale, (2) it had a contractual right to commission, and (3) defendants engaged in a bad-faith attempt to...

In Edmund J. Flynn Co. v. LaVay, the District of Columbia Court of Appeals addressed a broker's claim of breach of contract against a developer. The court affirmed that no express contract existed but that, under express and implied-in-fact agency principles, the broker was due compensation for the value of his pre-sale marketing activities.

LaVay owned...

In Asleson v. West Branch Land, the Supreme Court of North Dakota addressed the issue of constructive fraud regarding an MLS listing error in the context of a buyer and seller who were both members of the MLS. The court held that a listing agent has the duty to inform MLS users of errors in a listing and that a user of the service is entitled to rely on the information...

In American Invsco Realty, Inc. v. Century 21, Rohter & Co., the Appellate Court of Illinois reviewed the trial court's confirmation of a Board arbitration award. The appellate court held that Illinois law requires confirmation of an award whenever an application to vacate an award is denied.

American Invsco Realty, Inc. (AIR) was the listing broker for...

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