Q3 2015: Agency, PCD, RESPA, Antitrust, Technology, and Third-Party Liability

This edition of the quarterly report analyzes legal trends in risk management areas that effect real estate professionals: Agency, Property Condition Disclosure, RESPA, Antitrust, Technology, and Third-Party Liability issues.

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In This Issue

A. Cases

The Agency cases reviewed this quarter address a variety of different issues important to real estate professionals.  In an Indiana case, the court ruled that an agent breached the fiduciary duty owed to her client by purchasing a property that her client wanted.  In other cases, the courts examined whether a licensee’s fiduciary duty extends to former...

A. Cases

In the cases discussed below, the buyer sued the real estate professional for failure to disclose a property condition, even though that condition was disclosed in an inspection report or a disclosure form.  In all three of these cases, the real estate professionals were found not to have breached their fiduciary duties.  In one of the cases, however, the licensee...

A. Cases

As in prior quarters, most of the RESPA cases in this edition deal with possible kickbacks.

1. Edwards v. The First American Corp., 798 F.3d 1172 (9th Cir. 2015)

Suit alleging kickback scheme by which title insurer purchased a minority interest in a title agency and title agency agreed to refer business to the title insurer could proceed as a

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Once a year, we review cases dealing with technology issues in the real estate field. Technology cases include issues such as internet and phone use, intellectual property rights, and privacy concerns. Cases, statutes, and regulations in this area from the last twelve months are detailed below.

A. Cases

The technology cases from this past year address two different issues....

In this edition, we also review Third Party Liability cases from the past year, as well as new statutes and regulations.  This research covers others who are involved in real estate transactions, such as appraisers and inspectors. 

A. Cases

Three of the cases discussed below involved claims against appraisers, and in all three, the appraiser won. A common issue...

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Past Issues

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ARELLO Archive

The NAR/ARELLO Archive is a compilation of new types of laws collected over the past few years. This resource is helpful to guide states that may want to adopt similar laws in their state.

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Read a summary of this quarter's additions to the ARELLO archive.