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May 24, 2013
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Law & Ethics: In Court Articles

  • No Disclosure if There's no Knowledge
    Mon, 05/01/2006

    An appeals court has upheld a ruling that a brokerage and a salesperson weren’t guilty of concealment or negligence in failing to disclose that a house was a modified mobile home.

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  • MLS May Restrict Use to Members
    Sat, 04/01/2006

    In a victory for the MLS membership model, a federal court in Kentucky has ruled that an MLS can limit participation to members of the local REALTOR® association.

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  • No Commission on Personal Deal
    Sat, 04/01/2006

    A California court has ruled that a broker who was purchasing a property for personal investment wasn’t entitled to a commission as damages when the seller canceled the contract.

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  • Markups Could Violate Settlement Law
    Wed, 02/01/2006

    The Third Circuit has become the third federal appeals court to hold that a lender could violate the Real Estate Settlement Procedures Act by charging consumers higher fees for a service than it paid a third-party company when the lender provided no additional service.

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  • No Duty to Disclose Assessment
    Wed, 02/01/2006

    An Ohio appeals court determined that sellers hadn’t committed fraud by failing to reveal the possibility of a future assessment.

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  • Only Members May Access MLS
    Sun, 01/01/2006

    A federal court has upheld an MLS’s requirement that only members of a REALTOR® association can participate in the MLS.

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  • Disclosure of Past Flooding Adequate
    Thu, 12/01/2005

    A California appellate court ruled that the sellers of a home with a history of flooding problems did not misrepresent and conceal material facts to the buyer about the history of flooding on the property even though they didn’t mention every time the house had flooded.

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  • Salesperson Not Liable for Hiring Septic Inspector
    Tue, 11/01/2005

    A New Jersey appellate court has ruled that a real estate salesperson is not liable for a contractor’s failure to find problems with a property's septic system, even though the contractor was chosen by the salesperson.

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  • No Knowledge, no Liability for Brokers
    Tue, 11/01/2005

    A Georgia appellate court has determined that a buyer’s broker and her company weren’t liable for failing to disclose a gas leak in a house when they were unaware of the problem.

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  • Landlord Owes Damages to Student
    Sat, 10/01/2005

    New Hampshire's highest court has ruled that a college student could collect damages from a landlord who allegedly misrepresented the number of bedrooms the student would be leasing from him.

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