Saturday
May 26, 2018

Law & Ethics: In Court Articles

  • Sat, 05/01/2004

    A federal bankruptcy court has ruled that a real estate broker breached her fiduciary duty to a buyer when she purchased a property her client had expressed an interest in buying.

  • Sat, 05/01/2004

    A broker argued that there were no specific duties for a buyer’s representative and the parties didn’t have a written agreement. However, the jury and later the appeals court agreed that continued conversations between buyer and broker demonstrated that the relationship still existed.

  • Sat, 05/01/2004

    In a major victory for REALTORS a three-judge panel of the U.S. Trademark Trial and Appeal Board has unanimously ruled that the terms Realtor® and Realtors® are not generic terms.

  • Thu, 04/01/2004

    The Court of Appeals for the 10th Circuit upheld the constitutionality of the National Do-Not-Call Registry in a ruling that consolidated the appeals of various legal challenges brought against it.

  • Thu, 04/01/2004

    A company has the right to access an independent contractor’s e-mail if the data is stored on the company’s server, a federal appellate court has ruled.

  • Mon, 03/01/2004

    The U.S. Court of Appeals for the First Circuit has found that a creditor violated federal bankruptcy law when it threatened to file a complaint with the state real estate commission if the broker did not agree to settle the creditor’s debt during bankruptcy proceedings.

  • Sun, 02/01/2004

    The U.S. Supreme Court has affirmed the constitutionality of most of the provisions of the Bipartisan Campaign Reform Act of 2002. The ruling is expected to have only a modest impact on the fundraising and advocacy activities of the REALTORS® Political Action Committee (RPAC).

  • Thu, 01/01/2004

    The Third District Court of Appeal of Florida reversed an earlier court decision and denied a broker a commission from the sale of land to a school district. The court determined that a contingency fee contained in the listing violated the state’s public policy forbidding contingency fees for property purchased with public funds.

  • Thu, 01/01/2004

    Because a taxpayer couldn’t substantiate that her cell phone service was used for business, a tax court has supported the Internal Revenue Service’s decision to disallow the cost of this service as a business expense.

  • Mon, 12/01/2003

    The U.S. District Court for the Northern District of Florida has ruled that a commercial broker was not entitled to a lease commission on a new lease with a former subtenant after the initial lease on which it was paid a commission had expired.