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Reifert v. South Central Wis. MLS Corp.: Class Certification Denied in Antitrust Lawsuit

June 1, 2005: 

A Wisconsin federal court has considered whether a multiple listing service participant could bring a class action lawsuit against a REALTOR® association and its multiple listing service over the practice of requiring association membership for multiple listing service participation.

Tom Heal Commercial Real Estate, Inc., v. Overton: Broker Awarded Commission for Lease Renewal

June 1, 2005: 

A Utah appellate court has considered whether a commercial brokerage could collect a commission for a lease renewal which occurred outside of the listing agreement's protection period.

Sumpter v. Holland Realty, Inc.: Statute of Limitations Does Not Bar Buyer's Lawsuit

May 1, 2005: 

Idaho's highest court has considered whether the state's two year statute of limitations for professional malpractice governed allegations made by buyers against a real estate licensee.

Gibson v. Rezvanpour: Real Estate Professionals Not Liable for Dog Attack

May 1, 2005: 

A Georgia appellate court has considered whether real estate professionals and brokerages could be liable for an attack by the sellers' dog on potential buyers.

Comm'n Express Nat'l, Inc., v. Realty One: Ohio Commission Advancement Case Returned to Trial Court

May 1, 2005: 

An Ohio appellate court has considered whether a real estate brokerage is required to pay a commission advance company directly a salesperson's portion of the commission, which the salesperson had assigned to the commission advance company. Click here to read a summary of the lower court's decision in this case.

Matheus v. Sasser: No Recovery for Inaccurate MLS Information

May 1, 2005: 

A Texas appellate court has considered whether a buyer could recover damages from a real estate professional's misrepresentation of a home’s square footage when the buyer purchased the property for less than the property's appraised value.

US Fax Law Ctr., Inc., v. iHire, Inc.: Fax Law Violations Are Not Assignable

May 1, 2005: 

A Colorado federal court has considered whether a group could bring a lawsuit on behalf of companies who had received unsolicited advertising faxes from the same entity.

Iowa Ass'n of REALTORS® v. Smith: State Association Obtains Injunction against FSBO Website

April 1, 2005: 

An Iowa court has considered a lawsuit brought by the Iowa Association of REALTORS® ("Association") against a company that did not hold a real estate license and operated a website that allowed property owners to advertise the availability of their properties.

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.

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