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Western Farmers Elec. Coop. v. Enis: Jury Can Hear Testimony about Public Fears of EMFs in Condemnation Award Proceedings

January 1, 2001: 

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.

Sweet v. Sheahan: Landlord Violated Lead-Based Paint Disclosure Regulations

December 1, 2000: 

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.

Lombardo v. Albu: Buyer Representative - No Duty to Tell Sellers About Buyers' Financial Condition

December 1, 2000: 

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.

Egan v. Schmock: Sale or Rental of Property Not Required to Bring Fair Housing Lawsuit

December 1, 2000: 

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.

Hooters of Augusta, Inc., v. Nicholson: Hooters Busted for Unsolicited Faxes

December 1, 2000: 

A Georgia appellate court considered whether a private right of action exists in the state for violations of the federal Telephone Consumer Protection Act ("Act").

The Stephen A. Goldberg Co. v. Remsen Partners, Ltd.: Unlicensed Broker Cannot Collect Fee

November 1, 2000: 

A federal appeals court has considered whether a financial advisor involved in the securitization of mortgages is required to have a real estate license in order to collect a commission.

WHS Realty Co. v. Town of Morristown: Ordinance Denying Free Garbage Collection to Owners of Multiple Residential Units Declared Unconstitutional

November 1, 2000: 

A New Jersey court has ruled on the constitutionality of a town's ordinance excluding multi-family dwellings from free garbage collection service.

Wai v. Allstate Ins. Co.: Landlords' Lawsuit Can Proceed against Insurance Companies for Refusal to Provide Coverage for Disabled Housing

November 1, 2000: 

A District of Columbia federal court has ruled on whether insurance companies can be sued under the Americans with Disabilities Act ("ADA") and the federal Fair Housing Act ("FHA") for refusing to provide a standard landlords' insurance policy to landlords who rent to disabled individuals.

Fisher v. Comer Plantation, Inc.: In Alabama, Appraisers Can Be Liable to Third Parties for Negligent Misrepresentation

November 1, 2000: 

The Supreme Court of Alabama has ruled on when an appraiser can be liable to third parties for a negligent misrepresentation made in his appraisal report and also whether a real estate licensee representing the seller has a duty to disclose to the buyer that the owner of the licensee's brokerage has an ownership interest in the property being sold.

Louisiana ACORN Fair Hous. Org. v. Jaffe: Fair Housing Lawsuit Based on Tester's Phone Call Dismissed

November 1, 2000: 

A federal court considered whether a housing group could bring a lawsuit against a landlord alleging violations of both the federal and state fair housing laws, based entirely on a three-minute phone conversation between a tester for the group and a representative of the owner.