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.
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...
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...
In Levinson v. Maison Grande, the district court addressed unlawful tying arrangements with regard to sales of real estate. The court held that in determining market power with respect to land, the inherent uniqueness of real estate is not controlling, and the facts and circumstances of each case are to be considered. The court further held that because the plaintiff...
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...
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 NAR® v. Homeowner's Corp. of America, a North Carolina district court addressed trademark issues concerning the terms "REALTOR®" and "REALTORS®." The court held that...
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...