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May 24, 2013
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Law & Ethics: In Court Articles

  • Supreme Court Dismisses Takings Case
    Sat, 10/01/2005

    The U.S. Supreme Court has ruled that an eminent domain case raising issues already litigated and decided in state court can’t be subsequently tried through the federal court system.

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  • 'For Sale' Sign on Wrong Property Could Make Company Liable
    Thu, 09/01/2005

    A Louisiana appeals court has ruled that a real estate brokerage may be liable for a “For Sale” sign placed on the wrong property by one of its salespeople if that salesperson is an employee of the company and not an independent contractor.

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  • No Recovery Awarded for Data Error
    Thu, 09/01/2005

    A Texas appeals court has ruled that a buyer suffered no economic loss and is therefore not entitled to damages from an MLS listing that misrepresented a home’s square footage.

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  • Government Can Use Eminent Domain for Economic Development
    Mon, 08/01/2005

    In a blow to private property rights, the U.S. Supreme Court has ruled that a municipality can use its power of eminent domain to take unblighted property that will be used for private development, so long as that local government determines that the development benefits the entire community.

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  • Class-action Suit on Document Fees Proceeds
    Mon, 08/01/2005

    A California appellate court has ruled that a buyer who had to pay a document preparation fee to a brokerage may proceed with a class-action suit against the company and its parent.

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  • Salesperson, Brokerage Not Liable for Dog Attack
    Fri, 07/01/2005

    A Georgia appellate court has ruled that although a seller’s dog attacked potential buyers during a showing, the real estate professionals involved had no reason to know that the dog posed a threat to potential buyers.

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  • Noncompete Clause Unenforceable
    Fri, 07/01/2005

    A Connecticut court has ruled that a noncompete clause in a brokerage’s contract wasn’t enforceable because the salesperson’s move to another company didn’t unfairly harm the brokerage.

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  • 'Batty' Lawsuit Proceeds to Jury
    Wed, 06/01/2005

    A New York appellate court has ruled that a trial court acted properly in allowing a buyer’s lawsuit involving the presence of a seasonal bat colony in the attic of a property to proceed to a jury. The court determined that although NewYork is a caveat emptor (“let the buyer beware”) state, the doctrine does not permit sellers to actively conceal defects as had occurred in this case.

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  • Broker Must Reveal Ownership to Buyer
    Wed, 06/01/2005

    A North Carolina appeals court has found that a broker committed fraud by failing to tell a client that he owned the property the client was purchasing and that the property had been condemned.

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  • Oral Modifications to Commission Agreement Not Valid
    Sun, 05/01/2005

    A Texas court has ruled that oral modifications to a commission agreement that reduced a company’s commission are not enforceable, even though the brokerage agreed orally to the reduction.

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