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Mason v. Morrisette: Minors Cannot Allege Violations of Federal Lead-Based Paint Act

June 1, 2005: 

A federal appellate court has considered whether children could bring a lawsuit for alleged violations of the federal Residential Lead-Based Paint Act ("Act").

Jack Russell Terrier Network of N. California v. Am. Kennel Club, Inc.: Different Levels of Association Cannot Engage in an Antitrust Conspiracy

June 1, 2005: 

A federal appellate court has considered whether a national dog club could conspire with its regional affiliates in violation of the Sherman Act.

The Huffines Co., LLC, v. Lockhart: Court Considers Protection Clause

June 1, 2005: 

A South Carolina appellate court has decided whether a lower court properly directed a verdict in favor of a brokerage based on a protection clause contained in the listing agreement.

Reifert v. South Central Wis. MLS Corp.: Class Certification Denied in Antitrust Lawsuit

June 1, 2005: 

A Wisconsin federal court has considered whether a multiple listing service participant could bring a class action lawsuit against a REALTOR® association and its multiple listing service over the practice of requiring association membership for multiple listing service participation.

Tom Heal Commercial Real Estate, Inc., v. Overton: Broker Awarded Commission for Lease Renewal

June 1, 2005: 

A Utah appellate court has considered whether a commercial brokerage could collect a commission for a lease renewal which occurred outside of the listing agreement's protection period.

Sumpter v. Holland Realty, Inc.: Statute of Limitations Does Not Bar Buyer's Lawsuit

May 1, 2005: 

Idaho's highest court has considered whether the state's two year statute of limitations for professional malpractice governed allegations made by buyers against a real estate licensee.

Gibson v. Rezvanpour: Real Estate Professionals Not Liable for Dog Attack

May 1, 2005: 

A Georgia appellate court has considered whether real estate professionals and brokerages could be liable for an attack by the sellers' dog on potential buyers.

Comm'n Express Nat'l, Inc., v. Realty One: Ohio Commission Advancement Case Returned to Trial Court

May 1, 2005: 

An Ohio appellate court has considered whether a real estate brokerage is required to pay a commission advance company directly a salesperson's portion of the commission, which the salesperson had assigned to the commission advance company. Click here to read a summary of the lower court's decision in this case.

Matheus v. Sasser: No Recovery for Inaccurate MLS Information

May 1, 2005: 

A Texas appellate court has considered whether a buyer could recover damages from a real estate professional's misrepresentation of a home’s square footage when the buyer purchased the property for less than the property's appraised value.

US Fax Law Ctr., Inc., v. iHire, Inc.: Fax Law Violations Are Not Assignable

May 1, 2005: 

A Colorado federal court has considered whether a group could bring a lawsuit on behalf of companies who had received unsolicited advertising faxes from the same entity.

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