A federal court has considered whether a group of objecting plaintiffs could obtain discovery related to a proposed settlement of a class action lawsuit resulting from the Sandicor decision.
An Ohio appellate court has considered whether a salesperson breached his fiduciary duty when he purchased a property for himself rather than for his client.
Thomas Leist ("Salesperson") is a real estate salesperson formerly associated with RE/MAX REALTORS®. In 2000, the Salesperson had an ongoing relationship with The Weidle Corporation ("Company"), as the Salesperson sold properties in the Company's various residential developments.
A Connecticut court has considered whether a real estate broker could enforce a noncompete clause found in a contract it entered into with a real estate salesperson.
In 2003, Mayra Garcia ("Salesperson") signed a contract ("Contract") with Century 21 Access America ("Brokerage") affiliating herself with the Brokerage as an independent contractor. After five months, the Salesperson terminated her affiliation with the Brokerage and associated herself with another real estate brokerage firm less than fifteen miles away from the Brokerage.
McMullen v. Sevigny (In re McMullen): Filing Disciplinary Complaint Does Not Violate Bankruptcy Protections
A federal appellate court has considered whether a consumer violated bankruptcy's automatic stay when the consumer filed a complaint with the state real estate commission against a licensee who was in bankruptcy.
An Arkansas court has affirmed an arbitration award resulting from an arbitration proceeding conducted by the Arkansas Association of REALTORS® ("Association").
David Vincent ("Developer") developed a residential subdivision. The Developer's wife, Teresa Vincent ("Salesperson"), was a licensed real estate professional associated with Re/Max Real Estate Professionals ("Brokerage"). In the "Independent Contractor Agreement" between the Brokerage and the Salesperson, the Salesperson was obligated to pay a fee for use of office facilities to the Brokerage and was responsible for all other expenses, such as license renewal fees and taxes.
A North Carolina court has considered whether a broker committed fraud when he failed to disclose to his client that property purchased by the client had been condemned and also that the broker was the owner of the property.
The federal tax court has considered whether taxpayer entered into legitimate 1031 transactions when taxpayer used a qualified intermediary in transactions involving third parties as well as two related corporations.
Teruya Brothers, Ltd. ("Teruya") entered into two four party 1031 exchanges. Times Super Market, Ltd. ("Times") was involved in both transactions. Teruya owned 62.5 percent of Times's common stock shares.
A Georgia court has considered whether statements made by a bank representative about the development potential for a parcel of land amounted to fraud.
An Illinois appellate court has considered whether a buyer could claim specific performance of a real estate contract based on a right of first refusal the parties had agreed to negotiate but had never reached an agreement on its specific terms.