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Positive Software Solutions, Inc., v. New Century Mortgage Corp.: Arbitrator Had Duty to Disclose Prior Relationship

February 1, 2006: 

A federal appellate court has considered whether an arbitration award should be vacated because an arbitrator failed to disclose that he had served as co-counsel in a lengthy litigation matter with one of the attorneys who was now representing one of the parties in the arbitration.

Smith v. Coldwell Banker Commercial N.E.R.A., LLC: No Commission Reduction Required

January 1, 2006: 

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.

Horning v. Shilberg: No Commission for Broker in Personal Transaction

January 1, 2006: 

A California court has considered whether a broker could collect a commission as damages from a personal real estate purchase contract when the seller breached the contract.

Bentley v. Peace & Quiet Realty 2 LLC: Lawsuit over Apartment Switching Request Proceeds

January 1, 2006: 

A New York federal court has considered whether a disabled tenant’s request to move into a higher priced apartment within the same building at her current rental rate could constitute a reasonable request for accommodation by the tenant.

Hoffman v. Stamper: Large Verdict in Flipping Lawsuit

January 1, 2006: 

Maryland’s highest court has considered whether the evidence supported a large verdict against a real estate company, appraiser, and mortgage lender for their participation in a conspiracy where dilapidated properties would be bought and quickly resold to buyers who would not otherwise be financially qualified to purchase the properties.

Terra Venture, Inc., v. JDN Real Estate-Overland Park, L.P.: Brokerage Cannot Collect Extra Fees from Developer

July 1, 2005: 

A Kansas federal court has considered a real estate brokerage's claims against a developer whom the brokerage claimed delayed a project through its incompetence, causing the brokerage to miss targets which would have entitled it to receive bonuses.

Freeman v. Lasky, Haas & Cohler: Antitrust Allegations against REALTOR® Association Officials Rejected

July 1, 2005: 

A California appellate court has considered whether association lawyers and their clients could be liable for violating the antitrust laws through discovery violations.

San Remo Hotel, L.P. v. City and County of San Francisco: U.S. Supreme Court Refuses to Create Exception in Takings Cases

June 1, 2005: 

The Court has considered whether a litigant has a right to bring federal takings claims in federal court, even if the issues have already been litigated in state court.

New Jersey Ass'n of REALTORS® v. New Jersey Dep't of Envtl. Prot.: State Association Voids Recordkeeping Requirement

June 1, 2005: 

A New Jersey appellate court has considered the New Jersey Association of REALTORS®' challenge to a state regulation requiring the association to maintain certain environmental records.

Berg v. Davi: No Real Estate License for Disbarred Attorney

June 1, 2005: 

A California court has considered whether a court properly denied a real estate license to a disbarred attorney.

The California Department of Real Estate ("Department") denied Bernard James Berg ("Applicant") a real estate license. The Department based its denial on earlier proceedings conducted by the state bar which had resulted in the Applicant's disbarment as an attorney. The grounds for the Applicant's disbarment involved his overbilling of a client and withdrawing disputed funds from his trust account.

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