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.
The Supreme Court of Wyoming recently considered when a challenge to an arbitration award must be filed.
In 1997, Bruce Simon, d/b/a Prime Properties of Jackson Hole ("Broker"), received a commission for the sale of a lot. Following the sale, Jackson Hole Realty ("Claimant") claimed a portion of the Broker's commission. The dispute was submitted to mandatory arbitration before the Teton Board of REALTORS® ("Board").
Huntington Mortgage Co. v. Mortgage Power Fin. Serv.: In Maryland, Appraisers Can Not Be Sued for Negligent Misrepresentation by Third-Party Lenders
A Maryland federal district court recently considered whether a real estate appraiser could be liable to a third-party lender for negligent misrepresentations.
In 1999, a Louisiana appellate court recently considered whether a relocation company could be considered a seller of real estate.
Ceas Mortgage Co. v. Walnut Hills Assoc., Ltd.: Unlicensed Corporation Barred From Bringing Commission Lawsuit
In 2000 an Illinois appellate court considered whether an unlicensed corporation can bring a lawsuit to collect a brokerage commission.
County of Suffolk v. Experian Info. Solutions, Inc.: Tax Maps Can Receive Copyright Protection If They Are Original Compilations of Facts
A New York federal court recently considered whether a county's tax maps are copyrightable.
Pardoe & Graham Real Estate, Inc. v. Schulz Homes Corp.: Oral Commission Agreement for New Home Construction Is Enforceable
The Supreme Court of Virginia recently considered whether the statute of frauds barred an oral contract for the sale of new home construction on a lot already owned by the home purchaser.
Smith v. First Union Nat'l Bank: Court Rules Sexual Harassment Policy Needs to Prohibit Gender-Based Harassment in Addition to Sexual Advances
The United States Court of Appeals, Fourth Circuit, recently considered an employer's sexual harassment policy and investigation in light of a former employee's "hostile work environment" allegations.
A California appellate court has considered whether a trial court properly allowed a lawsuit by the California Association of REALTORS® (“CAR”) against attorney David Barry (“Attorney”) to proceed.
Greater Philadelphia Ass'n of REALTORS® v. City of Philadelphia: Philadelphia's "Sold" Sign Ban Unconstitutional
In response to a lawsuit brought by the Greater Philadelphia Association of REALTORS® ("GPAR"), the City of Philadelphia ("City") has agreed in a settlement between the parties that its ban on "sold" signs is unconstitutional. The ban was enacted in 1970 by the City Council.
A number of cities enacted bans on "sold" signs as an attempt to slow "white flight" from the cities to the suburbs. The ban was a reaction to the perception that real estate sales professionals were engaging in "blockbusting."