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Jablonski v. Rapalje: Lawsuit over Disclosure of Bats in Attic Proceeds

April 1, 2005: 

A New York appellate court has considered whether a trial court had properly allowed to proceed to the jury a buyer’s lawsuit involving the presence of a seasonal bat colony in the attic.

United States of America v. Space Hunters, Inc.: Government Wins Fair Housing Lawsuit against Apartment-Finding Service

April 1, 2005: 

In a case previously summarized in the The Letter of the Law, a New York federal court has considered whether a jury properly awarded damages to a handicapped individual who was alleging discrimination against an apartment-locating service- click here to read the earlier decision in this case.

Am. Garment Properties, Inc., v. CB Richard Ellis-El Paso, L.L.C.: Court Rejects Oral Modifications to Agreement

April 1, 2005: 

A Texas court has considered whether a broker could raise the statute of frauds as a bar to an alleged oral modification to a commission agreement.

Rodriguez v. Montalvo: Court Allows Attachment of Landlord's Property

April 1, 2005: 

A Massachusetts federal court has considered whether a tenant could attach a landlord's property during the pendancy of her Fair Housing lawsuit against the landlord.

Shrestha v. NRT, Inc.: Class Action Lawsuit over Fees Proceeds

April 1, 2005: 

A California appellate court has considered whether a lower court properly dismissed a class action lawsuit filed against real estate brokerage firms over their collection of a "document preparation fee" in addition to their commission amount.

New Hampshire Ass'n of REALTORS® v. Hildreth: Banking Commission Reversed

April 1, 2005: 

The New Hampshire Association of REALTORS® ("Association") has sought a judicial declaration that the state's banking commissioner did not have the authority to determine whether a banking entity had violated the state's real estate laws.

Hemphill v. San Diego Ass'n of REALTORS®: Sandicor Discovery Requests Rejected

March 1, 2005: 

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.

Weidle v. Leist: Salesperson Liable for Developer's Lost Profits

March 1, 2005: 

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.

Century 21 Access America v. Garcia: Noncompete Clause Unenforceable against Salesperson

March 1, 2005: 

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

March 1, 2005: 

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.

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