Chabbott Petrosky, Commercial REALTORS®, Inc., v. Peterson: Quantum Meruit Recovery Possible When No Written Agreement
Delaware's highest court has considered whether a listing broker could receive payment when a lease transaction occurred, rather than the sale contemplated by the listing agreement.
A Connecticut court has considered whether a real estate licensee breached his fiduciary duty while serving as an escrow agent.
Steven Rocco and Jonathon Gottlieb ("Sellers") entered into a listing agreement with licensed real estate broker Eugene Hayber ("Licensee"). The Licensee marketed the property for sale, and the Sellers received an offer for the property. However, the interested buyers stated that their offer was contingent upon their home being sold. The Sellers agreed to this contingency, and the parties entered into a purchase agreement.
A Tennessee appellate court has considered a broker's lawsuit against a seller which sought to collect a commission from a sales price which was below the amount of the listing agreement.
In 1998, John Carter d/b/a John Carter Real Estate ("Broker") auctioned off a 29 acre property containing a home as well as farm buildings ("Farm"). The winner of the auction was Maria Patrick, her daughter Kelly Harris, and her daughter's husband Christopher Harris (collectively, "Owners"). The auction price was $131,000.
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.