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 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...

In Cameron v. Terrell & Garrett, the Supreme Court of Texas addressed MLS error under the Texas Deceptive Trade Practices - Consumer Protection Act (DPTA). The court held that although the seller's agent had not "sold" anything to the buyer, he was liable under the DPTA, which allows for treble damages.

The sellers listed a house with Terrell...

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...

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