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Phoenix Ass'n of REALTORS® v. Leek: REALTOR® Association Has Power to Discipline Member for Failing to Deposit Arbitration Award into Escrow

March 1, 2002: 

An Arizona trial court has considered whether a REALTOR® association has the power to discipline a member who was the nonprevailing party at an arbitration who then refused to escrow the funds while appealing the decision, as required by the Association's bylaws.

Ritchie v. Weston, Inc.: Ohio Broker Can Assign Right to Bring Commission Lawsuit

March 1, 2002: 

An Ohio court has considered whether a commercial broker could assign its right to bring a commission lawsuit, since Ohio law requires that the party bringing the commission lawsuit must have an Ohio broker's license.

United States v. Space Hunters, Inc.: Fair Housing Lawsuit against Apartment-Finding Service Moves Forward

March 1, 2002: 

A New York federal court has considered whether a lawsuit brought by the government pursuant to the federal Fair Housing Act ("Act") could proceed against an apartment finding service that allegedly refused to assist and/or discriminated against minority and handicapped customers.

West Suburban Bank v. Attorney's Title Ins.: Commercial Broker Has Valid Commission Lien

March 1, 2002: 

An Illinois appellate court has considered whether a commercial broker must release its lien on a property when the lender has released its liens on the property, under the state's commercial broker lien law.

The Lombard Lodge 2350 Loyal Order of Moose ("Seller") obtained two loans from West Suburban Bank ("Lender"). The loans were secured by mortgages on property ("Property") owned by the Seller. The Lender recorded its mortgages in 1996.

Staten Island Board of REALTORS® v. Smith: Advertising Website Prohibited from Using URL which Included "MLS"

March 1, 2002: 

A New York court has entered a permanent injunction in a lawsuit brought by the Staten Island Board of REALTORS® prohibiting a company operating website which sells advertising from using the URL "statenislandmls.com."

Schoolhouse, Inc., v. Anderson: Website Did Not Infringe on Magazine's Copyright for Compiling School District Information

February 1, 2002: 

A federal appellate court has ruled on whether the content of a real estate licensee's website violated a magazine's publisher's copyright when both publications listed similar information about local school districts.

Corliss v. Wenner: Rock Magazine Publisher Awarded Possession of Buried Treasure

February 1, 2002: 

A Idaho appellate court has decided whether a hired laborer or the publisher of Rolling Stone magazine was the rightful owner of rare gold coins discovered on the publisher's property by the laborer during a land excavation.

California Association of REALTORS® v. Equisource Real Estate, Inc.: California Association Wins $1 Million Judgment in Copyright Infringement Lawsuit

February 1, 2002: 

The California Association of REALTORS® ("CAR") has received a one million dollar judgment and a permanent injunction against Equisource Real Estate, Inc., for copyright infringement resulting from Equisource's posting of the Association's forms on the Internet.

Kuehl v. Estate of Meyer: Broker Not Liable for Providing Incorrect Acreage Information

February 1, 2002: 

An Iowa appellate court has considered whether a listing broker and a seller were liable to a buyer when a commercial property's listing overstated the property's acreage.

Simon v. Chase Manhattan Bank (In re Zaptocky): Bankruptcy Trustee Can Void Improperly Executed Mortgage

February 1, 2002: 

A federal appeals court has considered whether a bankruptcy trustee can void an Ohio mortgage because of the mortgage's failure to meet the state's requirement of two witnesses.

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