April 23, 2018

Law & Ethics: In Court Articles

  • Sat, 04/01/2000

    In New York, as in most states, real estate practitioners and homeowners are required by law to tell prospective homebuyers about a home’s known physical defects. But real estate practitioners working for the seller don’t have to disclose anything voluntarily about the neighbors.

  • Wed, 03/01/2000

    In 1994 the Metropolitan Kansas City (Mo.) Board of REALTORS® voted to suspend one of its members. At the end of the disciplinary proceedings, the board filed a declaratory judgment action—as required by its bylaws--that sought a court judicial declaration that the board hadn’t violated the member’s rights during its disciplinary proceedings.

  • Tue, 02/01/2000

    A large residential apartment complex is not a public forum, and constitutional free speech guarantees don’t extend to the activities of tenant associations, a California appellate court has ruled.

  • Wed, 12/01/1999

    A U.S. District Court in North Carolina recently dismissed a lawsuit brought against a residential landlord by a former tenant who alleged that the landlord had violated the Americans With Disabilities Act.

  • Fri, 10/01/1999

    A federal court ruled that Florida-based Landmark Commercial Realty wasn’t entitled to a commission because it wasn’t licensed in Ohio, but the jury awarded Landmark $150,881 for the reasonable value of its services.

  • Sun, 08/01/1999

    An Arizona court ruled recently that homebuyers could sue their salesperson and broker for failing to disclose the home’s defects, because the contract clause waiving broker liability was unenforceable.

  • Tue, 06/01/1999

    A Massachusetts court ruled that homesellers could retain the deposit of buyers who backed out of a purchase, even though the sellers had suffered no damages.

  • Sat, 05/01/1999

    The 9th U.S. Circuit Court of Appeals ruled 2-1 in favor of two Anchorage landlords fighting Alaska’s ban on housing discrimination based on marital status.

  • Thu, 04/01/1999

    The buyer of a commercial property must pay a commission to the broker who helped locate the property, even though there was no signed contract with the broker, says a civil court judge.

  • Thu, 04/01/1999

    The owners and operators of six federally subsidized apartment complexes in Reno, Nev., have agreed to pay $382,500 to settle a Fair Housing Act complaint that alleged they discriminated against minorities and families with children.