Pearson v. Edgar: Illinois Antisolicitation Statute is Unconstitutional - U.S Court of Appeals Upholds Ruling
In an important victory for the real estate industry, the U.S. Court of Appeals for the Seventh Circuit upheld the ruling of the U.S. District Court for the Northern District of Illinois that the Illinois anti-solicitation statute (the “Statute”) is unconstitutional. To read an earlier summary of the case posted in The Letter of the Law and a more thorough discussion of the facts, click here.
The federal Fair Debt Collection Practices Act (the “FDCPA”) was enacted to protect consumers from unfair and abusive debt collection practices. It regulates collections made by third parties, such as attorneys, on behalf of another, but it does not apply to the activities of a creditor collecting debts on its own behalf or to the creditor’s employees.
In a case of importance to residential landlords, the U.S. District Court for the Eastern District of Michigan ruled in favor of the landlord. Schanz v. The Village Apartments.
Custom Real Estate of Massapequa, Inc. v. Long Island Board of REALTORS®, Inc. and Multiple Listing Service of Long Island, Inc.: NY Court Rules That Requiring Board Membership for MLS Services Is Not Antitrust Violation
A recent decision from a New York state court upheld the right of a REALTOR® board to require that a broker be a REALTOR® to gain access to the board’s multiple listing service ("MLS"). Custom Real Estate of Massapequa, Inc. v. Long Island Board of REALTORS®, Inc. and Multiple Listing Service of Long Island, Inc.
Carter v. Gugliuzzi: Vermont High Court Holds Real Estate Company Liable to Home Buyer Under That State’s Consumer Protection Act
In a recent case, the Vermont Supreme Court found a real estate brokerage liable to a residential purchaser under the state’s consumer protection act. Carter v. Gugliuzzi. In this case, Flavia Gugliuzzi and others (the “Sellers”) listed their home (the “Property”) for sale with Ruth Bennett, a real estate salesperson who was affiliated with the real estate brokerage Smith Bell Real Estate (“Smith Bell”), where she worked under the supervision of David Crane (the “Broker”).
HUD v. Perland Corp.: Original Owner/Developer of Property in Violation of FHA Accessibility Requirements is Still Liable for Violations of Property Transferred to Others
A 1998 decision from the Department of Housing and Urban Development ("HUD") Office of Administrative Law Judges, is important to current owners of inaccessible multifamily dwellings who did not themselves construct or develop the property. In this case, even though the original owner/developer had sold portions of the property, he was not relieved of liability for violations involving those portions, and the new owners had no liability.
A decision from a federal District Court in California provides an in-depth analysis of Section 804 of the Fair Housing Act (the "FHA"). Fair Housing Congress v. Weber. This case involved a 26-unit apartment complex located in Torrence, California (the "Property"). Former tenants who had small children and a fair housing organization brought suit against the manager and owners of the Property, claiming that some of the rules, formal and informal, violated the FHA by discriminating against families with children.
IP Timberlands Operating Co., Ltd. v. Denmiss Corp.: Agreements to Arbitrate a Future Dispute Enforceable in Mississippi
In an important decision for REALTOR® associations in Mississippi, the Supreme Court of Mississippi overturned a line of earlier cases which prevented the enforcement of an agreement to arbitrate future disputes.
Pagano v. Krohn: Buyer’s Representative Did Not Have Duty to Tell Buyers That Lawsuit Might Affect Value
Raymond and Lillian Pagano, who were represented by Jim Lawson (the "Buyer’s Representative") made an offer to purchase a condominium unit in
the Black Horse Ranch, California, which was owned by Helga Krohn and listed for sale with Peggy Chodorow (the "Listing Broker"). Krohn
completed a real estate disclosure statement, stating that she was unaware of any flooding, drainage or grading problems. The Listing
Jennings v. Smith: Vice President of Home Building Company May Be Personally Liable for Negligent Construction and Fraudulent Concealment
This Georgia case involved the purchase of a new home from Roswell Properties by Maneola Jennings. After closing, Jennings claimed she discovered a variety of structural defects in the house, including a cracked driveway, leaks and soil erosion near a retaining wall. She also claimed there was serious settling of the property, including cracked and shifted walls and floors and a defective deck.