Alabama's highest court has considered whether arbitrators are required to be licensed attorneys.
Bowater Incorporated ("Bowater") was the successor in interest to a long-term timber lease. A group who claimed to be the owners ("Owners") of the leased property brought a lawsuit against Bowater, claiming that the lease only entitled Bowater to access a portion of the Owners' land, not the entire parcel.
A federal appellate court has considered whether an intracorporate transfer of property as part of a corporation’s tax avoidance strategy triggered a neighbor’s right of first refusal to purchase the property.
Burbach v. Radon Analytical Lab., Inc.: Purchaser's Lawsuit against Home Inspector over Report Allowed to Proceed
Iowa's highest court has considered whether a home inspector hired by a relocation company who was in the process of selling a home can be liable to the purchaser of the home for negligently performing its inspection of the property.
American Escrow and Closing Company ("Relocation Company"), a relocation company, retained Radon Analytical Laboratories ("Inspection Company") to conduct an inspection of a home in February 1999. Michael Davis ("Inspector") conducted the inspection for the Inspection Company.
Flowers v. ERA Unique Real Estate, Inc.: Lawsuit over Broker's Failure to Disclose Presence of Lead Paint on Property to Buyer Continues
In a case previously summarized in The Letter of the Law, a federal court has considered whether a buyer's allegations could proceed against a listing broker for negligent misrepresentation when the listing broker failed to disclose the presence of lead paint on the property.
Utah's highest court has considered whether a real estate professional could be liable in tort for statements which were unenforceable oral modifications to a real estate contract.
Christine and Richard Heller ("Buyers") entered into an agreement to purchase a home. The Buyers were represented in the transaction by Joann Marozzi ("Salesperson") of D.W. Fish Realty Company, Inc. ("Brokerage"). The Salesperson undertook a variety of responsibilities to help the Buyers complete the transaction, including acting on their behalf with inspectors and attorneys.
An Illinois appellate court has considered whether a tenant was entitled to recover damages from a landlord who rejected her lease application because she planned to use a Section 8 voucher to pay her rent.
A federal appellate court has considered whether an insurance company had a duty to defend a landlord over allegations of negligence related to an accident on the landlord’s property which killed one of the tenants.
A Louisiana court has considered what type of recovery a brokerage was entitled to receive under a lease when a fire destroyed the leased premises.
Lacy St. Hospitality Serv., Inc., v. City of Los Angeles: Distracted City Council Denied Owner Fair Hearing
A California appellate court has considered whether the distracted behavior of city council members during a zoning review hearing deprived a business owner of due process.