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June 20, 2013
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Law & Ethics: In Court Articles

  • Domain Too Close to Competitor's Name
    Fri, 06/01/2007

    A federal district court has entered an injunction prohibiting a competitor of a large regional brokerage from using any of several domain names the competitor had registered.

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  • MLS Has Right to Public Data in E-Format
    Tue, 05/01/2007

    A Wisconsin appellate court has ruled that municipalities have to supply data on properties to the local MLS in a requested electronic format, despite a licensing agreement between the municipalities and a vendor that gave the vendor control over who could access the data.

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  • Nondisclosure Doesn’t Void Arbitration
    Tue, 05/01/2007

    A federal appeals court has decided that an arbitrator’s failure to disclose his minimal contact with the attorney of the prevailing party in an arbitration doesn’t change the validity of the decision.

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  • Broker Not Liable for Salesperson
    Sun, 04/01/2007

    A Georgia appeals court has determined that a brokerage could not be held liable for a salesperson’s failure to disclose a property defect because the salesperson was an independent contractor and the brokerage had no knowledge of the transaction.

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  • Bankruptcy Trumps Commission
    Sun, 04/01/2007

    A federal appeals court has decided that a real estate brokerage wasn’t entitled to receive commissions during Chapter 11 bankruptcy proceedings.

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  • Sign Ban Violates Free Speech
    Thu, 02/01/2007

    A federal appeals court has determined that a widespread ban on off-site advertising signage based on sign content was too broad to be constitutional.

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  • Science Doesn’t Support Mold Claims
    Thu, 02/01/2007

    A New York trial court has decided that scientific evidence and expert testimony presented in a case didn’t sufficiently support links between mold exposure and various health problems.

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  • Disclose Before They Sign
    Fri, 12/01/2006

    A New Jersey appeals court has decided that a listing broker’s initial failure to inform the sellers that the broker’s husband was the buyer of a property doesn’t void the purchase contract since the sellers knew about the relationship before signing.

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  • Economic Benefits Not Enough for Seizure
    Fri, 12/01/2006

    Ohio’s highest court has ruled that a city can’t use its eminent domain powers to take private property when the only public purpose of the seizure is economic benefit.

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  • Only Volunteer What You Know
    Wed, 11/01/2006

    A Texas court has held a broker liable for an investor’s damages resulting from the broker volunteering inaccurate information about a property’s zoning.

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