Legal Case Summaries
The Federal Trade Commission has determined that the State of Louisiana failed to actively supervise its real estate appraisal board comprised of market participants and the state’s remedial measures taken after the FTC filed its complaint did not demonstrate that the state would actively supervise the board in the future.
North Carolina’s highest court rules that lower court erroneously relied upon the state statute for appraisals when it denied admission of testimony from a real licensee about the value of land taken by the state for a road project, finding that the court should have instead of used the rules for admitting or excluding expert testimony.
Michigan federal court dismisses lawsuit filed by attorney seeking MLS access without joining a REALTOR® association, with the court finding that the membership requirement isn’t a restraint on competition and it is reasonable for associations to tie membership to MLS access.
Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.
The Court of Appeals for the D.C. Circuit, sitting en banc, upheld an earlier determination that the Consumer Financial Protection Bureau had incorrectly rejected a long-standing RESPA interpretation that payments made to settlement service providers are permissible so long as those payments are for goods or services actually provided and are for fair market value.
Maryland appellate court upholds real estate commission’s sanctions for licensee’s failure to disclose information about possible gas station leak into well water but reverses sanction for failure to disclose existence of HOA when in fact the entity was not an actual HOA.
Vermont’s highest court affirms trial court ruling that landlord did not have to accommodate tenant’s request for a support animal because the animal in question had exhibited aggressive behavior.
Texas court rules that listing broker breached his fiduciary duty and engaged in fraud when he increased the amount of his commission without receiving the seller’s consent.
Tennessee appellate court affirms lower court ruling that buyers could rescind purchase contract and receive an award of attorney’s fees because the seller and the listing broker had failed to properly disclose to the buyers that the property had limited sewer access.
California appellate affirms verdict in favor of real estate professional, finding that the real estate professional who had represented seller in the initial transaction did not have an agency relationship with the seller in the subsequent lease transaction.