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May 25, 2013
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Law & Ethics: In Court Articles

  • Developer Responsible for Accessibility Violations
    Fri, 01/01/1999

    Despite a favorable ruling from an administrative law judge saying “innocent owners” of inaccessible multifamily dwellings aren’t liable, the NATIONAL ASSOCIATION OF REALTORS® says there is still much uncertainty in the multifamily market. And the uncertainty is affecting transactions.

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  • Property Interests Win Small Wetlands Battle
    Sun, 11/01/1998

    A federal appeals court ruled that the U.S. Army Corps of Engineers acted improperly when it regulated dredging activity the same way it regulates activity that adds fill material to navigable waters, including wetlands.

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  • Broker Solicitation Ban Ruled Unconstitutional
    Sun, 11/01/1998

    A federal appeals court has shot down as unconstitutional an Illinois antisolicitation law. The Illinois Legislature had used the menace of blockbusting, or panic peddling, as the rationale for keeping the law.

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  • Calif. Court Rules Licensees Made Adequate Disclosure
    Tue, 09/01/1998

    A state appeals court has ruled in favor of two real estate licensees sued by a couple who claimed that the licensees had failed to make adequate property condition disclosures.

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  • Florida Court Underscores Need to Disclose Material Off-Site Conditions
    Sat, 08/01/1998

    A recent state court ruling highlights the responsibility of sellers to tell what they know about off-site conditions that will affect their property's value.

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  • Dolan v. Tigard: Owner Gets $1.4 Million From City—at Last!
    Wed, 07/01/1998

    After a long ordeal, a store owner here has won a landmark property-rights case involving land taking by the city. The victory marked the closure of a case, Dolan v. Tigard, in which the city delayed paying compensation to property owners John and Florence Dolan for nearly four years after the Dolans won a favorable ruling from the U.S. Supreme Court in 1994.

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  • Listing Salesperson Not Required to Verify Disclosure Statements
    Fri, 05/01/1998

    A listing salesperson isn’t required to verify the accuracy of a seller's claims concerning a property's condition, California's Fourth Appellate District Court has ruled.

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  • Practitioner Found Liable for Incorrect Septic Report
    Thu, 01/01/1998

    A seller's real estate professional can be held liable for damages by buyers who receive an inaccurate septic certification at settlement, a state appellate court has ruled.

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  • U.S. Courts Favor Realtor® Interests
    Mon, 12/01/1997

    Property rights advocates won two noteworthy victories this year before the U.S. Supreme Court. This pattern is likely to continue as long as the current court's composition remains the same, according to NAR analysts.

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  • 1998 Legal Outlook
    Mon, 12/01/1997

    Two major federal court decisions impacting the real estate industry are expected in 1998.

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