A North Carolina appellate court has ruled on whether a jury should consider the fraud allegations made in a buyer's lawsuit against the seller and builder for structural problems arising in a house clad with a Exterior Insulation and Finish System ("EIFS"), or synthetic stucco.
Hannah v. Sibcy Cline REALTORS®: No Fiduciary Duty to Disclose to Clients Information about Area's Racial Makeup
An Ohio appellate court has ruled that a buyer's representative did not have a fiduciary duty to give her client requested information about an area's racial composition.
Bjustrom v. Trust One Mortgage: Court Rules Lender's Yield-Spread Payments Are Not Automatic RESPA Violations
A federal court has considered how the United States Department of Housing and Urban Development's ("HUD") recent clarification of its 1999 Statement of Policy affects a class-action lawsuit brought against a lender alleging RESPA violations for its practice of making yield-spread payments to mortgage brokers.
Johnson Realty v. Bender: Court Considers If Broker Can Seek Recovery of Defense Costs from Seller for Buyer's Lawsuit
A Colorado appellate court has reversed a trial court's award of defense costs to a real estate brokerage to be paid by brokerage's seller client, arising from a buyer's lawsuit against both the seller and the brokerage.
Meddress v. Brooks: Broker's Cancellation of Joint Listing Agreement Does Not Affect Other Broker's Right to Commission
An Arkansas court has considered whether a seller of a commercial property was still required to pay a broker a commission pursuant to a "joint listing agreement" when the other broker who signed an identical contract canceled its agreement with the seller.
Kearney v. J.P. King Auction Co., Inc.: Auction Company Not Liable to Owner for Property's $8,000 Sale Price
A federal appeals court has considered whether an auction company can be liable to a property owner for allegedly misrepresenting the price a property would sell for at an auction when the property, which had previously been under contract for $1.8 million, was sold for $8,000 at an auction conducted by the company.
Western Farmers Elec. Coop. v. Enis: Jury Can Hear Testimony about Public Fears of EMFs in Condemnation Award Proceedings
An Oklahoma appellate court has considered when a jury can hear evidence on how public fears of electromagnetic fields ("EMFs") effect the fair market value of property, even when the fears are not based on an objective standard.
In an unusual and unprecedented ruling, a federal court in New York recently found that a landlord violated the Federal lead-based paint disclosure requirements by failing to make disclosures to a tenant prior to the effective date of the HUD and EPA final disclosure regulations.
In Lombardo v. Albu, Elaine Albu (the "Buyer Representative") represented buyers of a home owned by Joseph and Jacqueline Lombardo (the "Sellers"). After making an offer to the Sellers, the buyers told the Buyer Representative that they anticipated having difficulty obtaining financing. The Sellers did not inquire about the buyers' financial condition, and the Buyer Representative did not disclose their financial situation.
A federal court recently considered whether a lawsuit could be brought for violations of the fair housing laws when the allegations do not involve the sale or rental of property.