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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 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%...
In Gear v. Webster, the California Court of Appeal addressed the duty of Board members to submit their disputes to arbitration. The court held that the Board's bylaws required arbitration by its members, and that members agree to be bound by subsequent amendment of the bylaws.
A real estate commission dispute arose between Gear and Webster, both members of the Bakersfield Board of...
In Jones v. Alfred H. Mayer Co., the Supreme Court addressed alleged violations of section 1982 of the Civil Rights Act. The Court held that section 1982 barred all racial discrimination, private as well as public, in the sale or rental of property, and that the statute was a valid exercise of the power of Congress to enforce the Thirteenth Amendment.
Jones, a black male, filed a...
In Grillo v. BOR® of the Plainfield Area, the Superior Court of New Jersey addressed the practice of the Board of REALTORS® which denied non-members access to a multiple listing service (MLS). The court held that the Board's denial of access to non-members was unreasonable and was an illegal restraint upon trade.
Grillo was a licensed real estate broker in New Jersey. The...
In Bartsas Realty, Inc. v. Nash, the Supreme Court of Nevada reviewed the dismissal of a broker's claims against a property seller for: (1) tortious interference with contract; (2) breach of oral agreement; and (3) fraud. The court affirmed the dismissal of the first two claims for failure to state a claim, but reversed and remanded the fraud claim for further proceedings.
Nash (...