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 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...

In Nystrom v. First National Bank of Fresno, the Court of Appeal of California addressed a broker's claims for a commission on the sale of property which was in the possession of the bank. The court held that the letter agreement between the parties was enforceable and that the bank could not avoid liability because its own actions brought the sale of the property outside the terms of the...

In George v. Bolen, the Court of Appeals of Kansas addressed breach of fiduciary duty in an implied agency situation. The court held that whether an agency relationship arises expressly or impliedly, the agent owes fiduciary duties to the principal.

George, a Kansas property owner, sought to purchase land from his neighbor, Tolle. After discussions with Williams, a partner in the real...

In Glendale Board of REALTORS® v. Hounsell, the California Court of Appeal addressed the practice of the Glendale Board of REALTORS® which denied non-members access to a multiple listing service (MLS). The court held that the Board's denial of access led to adverse consequences for non-members with respect to their ability to compete effectively, and was a violation of the...

In Brown v. Indianapolis Board of REALTORS®, the district court addressed the limitations on MLS access that required membership in a Board of REALTORS® (Board). The court held that the limitations the Board applied to MLS participation were reasonable and did not violate the Sherman Antitrust Act.

Brown was a licensed real estate broker in Indiana. The Indianapolis Board was...

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