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Austin Board of REALTORS® v. E-Realty, Inc.: Court Dissolves Injunction in Austin Board/E-Realty Case

September 1, 2000: 

The United States District Court for the Western District of Texas, Austin Division, recently dissolved the preliminary injunction it entered against the Austin Board of REALTORS® ("Board") and its wholly-owned MLS subsidiary, Austin/Central Texas Realty Information Service. The facts of this case were previously reported in The Letter of the Law- click here to read the prior summary. To summarize, the Board had initially filed suit against E-Realty for copyright infringement, based on E-Realty's use of MLS data.

Szwast v. Carlton Apartments: Judge Reduces Large Verdict for Fair Housing Violations

September 1, 2000: 

A federal court considered an apartment building owner's challenge to a jury's punitive damages award for violations of the federal Fair Housing Act ("Act").

Crawford v. McNulty: Court Upholds NAR's Arbitration Rules

September 1, 2000: 

A Massachusetts court recently considered a challenge to an arbitration award stemming from a commission dispute.

Framer Realty, Inc. v. Ross: Broker Who First Showed Buyers Property Argues Buyer Representative was Unjustly Enriched

September 1, 2000: 

A Florida appellate court recently considered whether a broker who introduced buyers to a property could proceed with a lawsuit that claimed that a broker who ultimately represented the buyers was unjustly enriched.

Sonnenschein v. Douglas Elliman-Gibbons & Ives: Broker Does Not Owe Heightened Duty to Seller Involved in Sale Negotiations

September 1, 2000: 

A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers' property.

Sharon P. v. Arman, Ltd.: Commercial Parking Garage Is Inherently Dangerous

August 1, 2000: 

California court holds that owners and operators have duty to take reasonable precautions to protect patrons from criminal acts, even absent criminal activity.

Thomas v. Anchorage Equal Rights Commission: Alaska Landlords May Discriminate Against Unmarried Couples on Religious Grounds

August 1, 2000: 

In Thomas v. Anchorage Equal Rights Commission, the U.S. Court of Appeals for the Ninth Circuit exempts Alaska landlords from the provisions of the state and local antidiscrimination laws that protect unmarried couples from housing discrimination because the landlords’ Christian religious beliefs prevent them from renting to unmarried couples.

Botosan v. Paul McNally Realty: Real Estate Office Lease Provision Does Not Protect Landlord from ADA Lawsuit

August 1, 2000: 

A federal appeals court recently considered whether a plaintiff could recover under the ADA from both a landlord and its tenant for failing to set aside parking spots for disabled individuals at a place of business.

Bohm v. DMA Partnership: Licensee Not Liable for Seller's Failure to Provide Buyer With Property Condition Disclosure Form

August 1, 2000: 

A Nebraska appellate court recently considered what damages a buyer could recover from a seller which failed to complete a property condition disclosure form and also whether the seller's representative could be liable for the seller's failure to complete the form.

Shields v. Babbitt: Court Rules Endangered Species Act Can Regulate Intrastate-Only Species

August 1, 2000: 

The United States District Court for the Western District of Texas, Midland-Odessa Division, recently ruled against a challenge to the Endangered Species Act on constitutional grounds. Financial support to the challenge was contributed by NAR's Legal Action Committee.

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