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 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...

In Collins v. Main Line Bd. of REALTORS®, the Supreme Court of Pennsylvania addressed limitations to MLS access based on membership in the Main Line Board of REALTORS® (Board). The court found that the restrictions constituted an unreasonable restraint of trade in violation of state antitrust laws.

Collins, a licensed real estate broker in Pennsylvania, was the vice president...

In Grandchamp v. Patzer, the Court of Appeals of Michigan addressed the issues of implied agency and undisclosed dual agency. The court held that a broker's actions and words to a prospective purchaser may be sufficient to establish an agency relationship, and that a broker acting as an undisclosed dual agent may be held liable for breach of fiduciary duties and unfair dealing.

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In Seattle Investment Co. v. Kilburn, 5 Wash. App. 137, 485 P.2d 1005 (1971), the Court of Appeals of Washington addressed a dispute between a broker and vendor regarding a listing agreement and commission. The court held that because the vendor attempted to revoke the listing agreement, and shortly thereafter sold the property through another licensee, it was presumed that the broker would...

In Oates v. Eastern Bergen County MLS, the Superior Court of New Jersey addressed limitations on membership to a multiple listing service. The court held that operation of the multiple listing service from which a real estate broker was excluded was illegal per se, as it deprived the broker of access to listings of hundreds of properties, thereby lessening competition and restraining trade....

In Keith Adams & Assoc’s v. Dick Edwards & Tri-City Bd. of REALTORS®, the Court of Appeals of Washington reviewed a trial court decision confirming a Board arbitration award. The court of appeals affirmed the trial court's confirmation of the award.

Keith Adams & Associates appealed from a judgment confirming a Board arbitration award in favor of Dick Edwards...

In Wright v. Jaegeris, the Missouri Court of Appeals addressed a commission dispute between brokers. The court found that the broker whose continuous efforts culminated in the sale, not the closing broker, was procuring cause of the sale.

Speckman, an attorney hired to probate an estate, gave an “open listing” to several brokers to sell 130 acres of farm property with a 5%...

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