Legal Case Summaries

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...

In Marin County Board of Realtors v. Palsson, the Supreme Court of California held that a Marin County Board of REALTORS® (Board) bylaw which limited membership to persons "primarily engaged in the real estate business" violated the Cartwright Act (the state equivalent of the Sherman Antitrust Act). The court also ruled that a Board rule which denied non-member salespeople...

In Duffy v. Setchell, the Appellate Court of Illinois addressed the issues of undisclosed dual agency and specific performance. The court held that a contract negotiated by a dual agent is voidable by a principal who did not have notice of the dual agency, and that the other principal will be denied specific performance.

Setchell (seller) executed a listing agreement with Duffy (broker...

In Trylon Realty Corp. v. Di Martini, the Supreme Court of New York, Appellate Division, addressed a broker's claims against a property owner regarding a commission on leased property. The court affirmed that the property owner, who failed to go through with the lease after receiving an informal assurance from a local zoning board and an agreement with lessee as to many essential terms,...

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 Shaw v. Ithaca Board of REALTORS®, the New York Supreme Court addressed the requirement of the Ithaca Board of REALTORS® (Board) that participation in the MLS be afforded only to those with a minimum of three years experience as a...

In Led-Mil of Nevada, Inc. v. Skyland Realty and Insurance, Inc., the Supreme Court of Nevada addressed a broker's claims for breach of an oral promise and quantum meruit regarding sales and potential sales of land the broker subdivided for an owner. The court affirmed that the oral contract was not enforceable, and reversed a finding that the broker should be compensated for the value of...

U.S. v. Los Angeles Realty Board, 1973-1 Trade Cases (CCH) P 74,366, 1973 WL 767 (C.D. Cal. 1973) [Note: This opinion was not published in an official reporter and therefore should not be cited as authority. Please consult counsel before relying on this opinion.] was a consent decree, which in pertinent parts, enjoined the defendants from the following activities regarding the sale, lease, or...