law suit: Minnesota Caller Ordered to Pay Brokerage $20,000 - 06/29/07 05:13 AM
A Missouri court became the second court to enter an injunction against Ryan Swanberg (“Caller”) and ordered him to pay approximately $20,000 in damages and attorney fees. The Caller had threatened real estate brokerages across the country with litigation last fall for allegedly not complying with the federal “Do Not Call” … (9 comments)
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law suit: Developer failure disclose soil problems remanded to trial court for further review - 05/18/07 05:58 AM
Utah’s highest court considers whether home developer had a duty to give purchasers a prior soil analysis report finding that the property’s soil could not support a large structure. Woodside Homes Corporation (“Developer”) purchased land to develop into the “Panorama Point” subdivision (“Subdivision”). One of the lots was purchased from the … (0 comments)
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law suit: How Agressive Should You be in Seeking Back-up Offers? - 05/04/07 05:44 AM
Alaska’s highest court has considered whether a listing broker improperly marketed a property in the MLS as “active” even though the property was still under contract. In 1998, Craig Lightle (“Salesperson”) of Realty Executives Alaska (“Brokerage”) listed a home for sale. On April 17th, the Williamses (“Buyers”) made an offer to … (5 comments)
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law suit: Anti-Leasing Covenant Found to Violate FHA - 04/26/07 05:12 PM
An Indiana court has considered whether a homeowner’s association enforcement of an anti-leasing covenant violated the federal Fair Housing Act (“Act’). In 1996, Algie and Edna McGlothin (“Owners”) purchased a residence in a housing complex known as Villas West II of Willowridge (“Villas”). The Villas were originally managed by the Jim … (3 comments)
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law suit: Not in my neighborhood please……………………… - 03/22/07 11:47 AM
As reported by the Associated Press, The Happiest Place on Earth doesn’t want any new neighbors. The Walt Disney Co. has sued the city of Anaheim to stop the proposed construction of 1,500 condos, including several hundred low-income units, at the doorstep of Disneyland. Housing advocates say the units are … (2 comments)
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law suit: Prospective Buyer Cannot Recover for Injuries - 03/16/07 12:59 AM
An Ohio appellate court has considered whether a prospective buyer could recover compensation from a buyer’s representative for injuries suffered by the prospective buyer during her unaccompanied tour of a home under construction. Patricia Al-Sorghali (“Prospective Buyer’) contacted real estate salesperson Terry Golden (“Salesperson”) of Modene & Associates (“Brokerage”) about her … (15 comments)
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law suit: Injunction Granted in Ohio Cybersquatting Case - 03/11/07 07:50 AM
An Ohio federal court
determines that large brokerage is likely to succeed in its cybersquatting
lawsuit against a competitor who had registered domain names which bore a
strong resemblance to the brokerage’s registered trademarks and owner’s names,
and so the court entered an injunction prohibiting the competitor from using
these … (2 comments)
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law suit: Counteroffer Is a Rejection of Earlier Offer - 03/06/07 06:45 PM
Counteroffer Is a Rejection of Earlier Offer A Florida court has considered whether a prospective buyer could choose to accept a seller’s counter offer to the prospective buyer, even after the prospective buyer had countered the seller’s counter offer. Theresa Polk (“Seller”) listed 181 acres of land for sale with a … (33 comments)
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law suit: Broker Liable For Changing Terms of Partnership - 02/17/07 08:22 PM
A Maryland appellate court has evaluated whether a managing broker improperly attempted to alter partnership agreement between parties. In 2001, Aaron Hargrove (“Hargrove”) and Jerry Mathis (“Managing Partner”) of Prudential REALTORS® and Mathis Realty, Inc. (collectively, “Brokerage”) entered into an independent contractor agreement (“Agreement”). Under the terms of the Agreement, Hargrove … (4 comments)
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law suit: Nondisclosure Alone Cannot Overturn Arbitration - 02/17/07 06:24 PM
Federal appellate court reverses its earlier decision and determines that arbitrator’s failure to disclose his minimal contact with prevailing party’s attorney did not require vacating an arbitration award. New Century Mortgage Corporation (“New Century”) is a mortgage company. Positive Software Solutions, Inc. (“Positive”) has developed software for the mortgage industry, including … (0 comments)
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law suit: Realtor’s attorney defends 'white-flight' flyer incident - 02/09/07 12:48 PM
Merrillville, Ind., Realtor Mary Ann Winslow maintains her intentions were pure after town officials accused her of using scare tactics to encourage white homeowners to move from their neighborhood by citing a bogus bill that threatened to incorporate parts of the town and lower home values. So why did she do … (8 comments)
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law suit: Broker Liable for Misleading Client - 02/09/07 10:42 AM
A New Jersey appellate court has considered a challenge by a real estate broker to the trial court’s decision that the broker breached his fiduciary duty to his clients by misrepresenting the status of property negotiations. The Curran Group II, L.L.C. (“Developer”) purchases land, acquires the necessary permits for development of … (2 comments)
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law suit: Are you guilty of "Steering"? Inadvertenly or otherwise? - 02/07/07 06:42 PM
The directing of homebuyers to neighborhoods where they “belong” not only violates the buyer's rights but also applauds segregation and the ongoing cycle of discrimination, according to one industry expert. Why is steering so dangerous for the economy, and how can agents stay clear of the illegal act? Read on.
Discrimination in … (0 comments)
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law suit: Buyers burn their bridges with notice of defects - 02/04/07 09:20 AM
Against their agent’s advice, a couple wanting to buy a Wisconsin property submitted a laundry list of defect fixes the seller would have to comply with before they would consider purchasing. However, not willing to fork out thousands to repair a loose toilet base or remove high amounts of asbestos, the … (1 comments)
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law suit: NJ Affordable Homes dupes 1,200 investors - 02/03/07 07:56 PM
In court documents released last week, the Security and Exchange Commission revealed investors had given $123.3 million to the alleged Ponzi scamming firm — up more than three times from the SEC’s original $40 million estimate. So why isn’t the owner behind bars? Read on to find out.
New financial data … (1 comments)
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law suit: No Commission Reduction Required - 02/02/07 10:39 AM
A Connecticut appellate court has considered whether a seller could demand a refund from a broker because the broker received a commission based on a price which exceeded the actual sale price. Donna Smith (“Seller”) owned Georgetown Early Learning Center, LLC (“Day Care Center”), a child care facility. The Seller listed … (1 comments)
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law suit: Verdict Against Brokerage Reinstated - 01/25/07 10:17 AM
A federal appellate court has considered whether the evidence supported a jury verdict against a brokerage for its role in negotiations for a commercial building. George Stinson and Ed Lewis (collectively, “Owners”) owned a building which contained a large nightclub called “The Connection of Nashville”. In 2003, George Alexander (“Salesperson”) of … (0 comments)
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law suit: MLS Wins Lawsuit Against Municipalities - 01/25/07 10:12 AM
A Wisconsin appellate court has considered whether the state’s open records law required three municipalities to present electronic data in the same electronic format they use to store their property data. WIREdata, Inc. ("WIRE"), a company owned by Multiple Listing Services, Inc. (a regional REALTOR owned multiple listing service in Wisconsin), … (0 comments)
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law suit: Finally: Brokerage Not Liable for Salesperson - 12/28/06 11:58 AM
A Georgia court has considered whether a brokerage was responsible for the alleged misconduct of an independent contractor salesperson when the brokerage had no direct involvement in the transaction. Keith Johnson (“Developer”) purchased a vacant tract of land and had it rezoned. He then hired an engineering firm to design plans … (1 comments)
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law suit: Craig's List dodges a huge bullet from FHA law suit - 12/21/06 10:08 AM
An Illinois federal court has considered whether a website which allowed users to post information about housing on the website could be liable as a publisher for postings which allegedly contained content that violated prohibitions contained in the federal Fair Housing Act (“FHA”). Craigslist, Inc. (“Website”) operates a website which allows … (18 comments)
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law suit: Commission Express takes a big hit in Kansas - 12/21/06 10:00 AM
The Supreme Court of Kansas has considered whether a brokerage could pay a salesperson’s portion of a commission from a transaction to a commission advance company that had received an assignment from the salesperson. Troy Beeman and Vicky Ashby (collectively, “Salespeople”) were salespeople affiliated with real estate brokerage Reece & Nichols … (0 comments)
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law suit: Do you have $40,000 to give away??? Agent Negligence Suit in Process - 11/30/06 10:50 AM
How far does a fiduciary duty or responsibility extend? As a listing agent, it can go pretty far. As this lawsuit amply displays, we are more than "marketers" and have significant responsibilities in working for and with our listing clients. We need to be constantly assessing and evaluating our actions and … (17 comments)
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law suit: Who really owns this property? Or why you need title insurance, Part III - 11/03/06 07:17 AM
Several years ago, I was sitting at the closing table with my sellers while the buyers’ agent was trying to convince his clients that they really needed to purchase the owner’s portion of title insurance, which in this case amounted $975. They said the title search completed showed that the … (11 comments)
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