Resort Realty of the Outer Banks, Inc., v. Brandt: Brokerage Recovers Commission from Expired Listing Agreement
Dr. Volker and Eva Brandt ("Owners") owned adjacent oceanfront lots. When the property was condemned due to erosion, the Owners decided to find another property. The Owners met with real estate salesperson Charles Rocknak ("Salesperson") of Resort Realty ("Brokerage") to discuss finding a replacement property.
Abraham v. Pacific Union Real Estate Group, Ltd.: Tenant's Lawsuit against Real Estate Professional Continues
Lisa Hall ("Purchaser") purchased a two unit building in December 1998 for $1.4 million. Christine O'Reilly Varon ("Salesperson") of Pacific Union Real Estate Group, Ltd. ("Brokerage") represented the Purchaser in the transaction. The previous owner had occupied the top unit in the building, but the Purchaser decided she wanted to occupy the lower unit. The Purchaser contacted Shannon Abraham ("Tenant"), who resided in the lower unit, and informed her that she was evicting her from her apartment.
A California appellate court has considered whether a prospective buyer was entitled to specific performance of purchase agreement, basing his claims in part on information contained in the multiple listing service about the property.
Rhode Island’s highest court has considered whether it should order a seller to specifically perform a purchase agreement, even though buyer’s original financing fell through on the scheduled closing date.
General R.A.C., Inc., v. Coldwell Banker Residential Real Estate, Inc.: Seller’s Creditor Cannot Garnish Escrowed Funds
A Florida court has considered whether a creditor of the seller could garnish buyer’s deposit for the sale of the seller’s home while buyer’s real estate professional holds the funds in an escrow account.
An Iowa court has considered whether an intermediate purchaser of a residence who never lived on the premises could be liable because of prior sellers’ failure to disclose flooding problems on the property.
Wallace v. United States of America: Lead-Based Paint Rules Do Not Require Disclosure to Third Parties
A Rhode Island federal court has considered a real estate brokerage’s liability for violations of federal lead-based requirements in a lawsuit brought by home purchaser and subsequent lessees of home.
Eugene Wallace (“Landlord”) purchased a home from the United States Department of Housing and Urban Development (“HUD”). The listing broker for the home was Micki Gold Realtors®, Inc., d/b/a Coldwell Banker Gold (“Brokerage”).
T.G. Slater & Son, Inc., v. The Donald P. and Patricia A. Brennan LLC: Commission Claims Based on Oral Agreement Can Proceed
T.G. Slater (“Broker”) owned a parcel of land which bordered property owned by Maureen Brennan (“Brennan”). The Broker also leased a neighboring portion of land owned by Rachael Lambert Mellon (“Seller”).
A federal appellate court has considered whether an insurance company properly denied coverage to a claim submitted by a real estate brokerage based on a pollution exclusion found in the policy.
Georgia’s highest court has considered whether a real estate licensee who referred clients to her lover who was also a licensee could later claim referral fees when the lovers’ relationship came to an end.