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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 Foster v. West Alexandria Properties, the district court addressed tying arrangements concerning the sale of condominiums and the use of a particular management company. The court held that a condominium unit and management service were one integrated product, so no tying arrangement or antitrust violation occurred.
In 1976, Foster and Lawson each purchased a condominium unit from...
In Wells v. Mobile Co. Board of REALTORS®, the Alabama Supreme Court considered whether agreements to arbitrate future disputes violate public policy. The case involved a commission dispute between sales associates.
Reeves and Powles, who both worked for Reeves Realty, Inc., filed a Request for Arbitration with the Mobile County Board of REALTORS® (Board)....
In Washington v. Tacoma-Pierce, Tri-City, & Spokane Bd. of REALTORS®, the Supreme Court of Washington addressed the State's challenge to restrictions on MLS access based on membership in a local Board of REALTORS® (Board). The court held that the State Attorney General could bring an antitrust action challenging that restriction under the state Consumer...
Illinois Appellate Court Confirms Arbitration Award Based Upon Statute's Procedure
In Schroud v. Van C. Argiris & Co., the Appellate Court of Illinois addressed procedural issues relating to a Board arbitration award. The appellate court affirmed the trial court's decision confirming the award.
A dispute arose between Van C. Argiris & Co. (Argiris) and Schroud,...
In Penne v. Greater Minneapolis Area Board of REALTORS®, the Eighth Circuit addressed boycott law and its applicability to the real estate brokerage industry. The court held that the defendants had not contracted, combined, or conspired to fix and maintain brokerage fees in violation of the Sherman Antitrust Act.
Penne was the president of Penne Realty, a Minneapolis real estate...
In Kendler v. Rutledge, the Appellate Court of Illinois addressed the fairness of disciplinary procedures followed by a Board of REALTORS®. The court held that the Board violated its own by-laws by allowing an Ethics Committee member to review the appeal of a decision in which he had previously participated.
Kendler was a licensed broker and member of the Evanston-North Shore Board...
In Hecht Realty, Inc. v. Whisnant, the Court of Appeals of North Carolina addressed procuring cause in the sale of a home. The court held that the plaintiff, a realty firm which showed the house to the purchasers, which had knowledge of the vendor's listing with another agency, and which presented the purchaser's offer that was met by an unaccepted counteroffer was not the procuring...
In Bastone v. Dial-A-House, Inc., the New York Supreme Court addressed whether Board members were obligated to submit inter-member disputes to arbitration. The court held that disputes between Board members required arbitration, and denied a request to stay arbitration proceedings.
Michael Bastone, Dial-A-House, Inc., and Herb Golden, were members of the Long Island Board of REALTORS...
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 a 1979 case filed in Federal District Court in Illinois, the American Society of Real Estate Counselors, a NATIONAL ASSOCIATION OF REALTORS® (NAR) affiliate, brought a trademark infringement action against the American College of Real...
In Van C. Argiris & Co. v. Pain/Wetzel & Assoc., Inc., the Plaintiff, (Argiris) sought a court order asking that a dispute between itself, several Board-member brokers, and the Kelly-Springfield Co. (a non-member broker) be deemed unsuitable for Board arbitration. The Appellate Court of Illinois held that issues between Board members required arbitration, but that disputes between...