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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.

Ruble v. Reich: Nebraska Licensee Does Not Have Duty to Explain Contract Term to Client

October 1, 2000: 

The Supreme Court of Nebraska considered the question of whether a seller’s agent has a duty to inform his client of the terms of an agreement signed by the client.

Montana Chamber of Commerce v. Argenbright: Montana's Restrictions on Corporate Political Contributions Unconstitutional

October 1, 2000: 

A federal appellate court considered whether a state can stop a corporation from making direct financial contributions to ballot issue campaigns.

Marthon v. Maple Grove Condominium Assoc.: Jury to Decide Fair Housing Claims Made by Condominium Resident with Tourette's Syndrome

October 1, 2000: 

A federal court considered whether a condominium association's management company is required to make a reasonable accommodation for a resident afflicted with Tourette's syndrome.

Dalton Inv., Inc. v. Nooney Co.: Bank's Prior Recorded Lien Trumps Commercial Broker's Lien

October 1, 2000: 

A Missouri court decided whether a validly recorded bank lien has priority over a broker's lien under the Missouri Commercial Real Estate Brokers Lien Act ("Act").

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.