In the Wyoming case Fowler v. Westair Enterprises, Inc., the court considered whether an implied agency relationship existed. A sales associate affiliated with Westair Enterprises ("Westair"), showed a home to Charles Fowler. The sales associate, who was also the listing agent, told Fowler that he represented the sellers.
Jankowski Lee & Associates, et. al. v. Cisneros: Refusal to Provide Assigned Parking Violates Fair Housing Act
In Jankowski Lee & Associates, et. al. v. Cisneros, the U.S. Court of Appeals for the Seventh Circuit found that by refusing to reasonably accommodate a disabled tenant, the manager of an apartment complex, a corporation that partially owned the complex and the managing partner of the complex (together referred to as "Management") had violated the Fair Housing Act (the "FHA").
Note: This is an unreported decision and may not be cited as legal authority. Please consult with counsel before relying on this case.
Walters v. Metropolitan Educational Enterprises, Inc.: High Court Clarifies Employee Test for Small Businesses
A recent U.S. Supreme Court case is important to small businesses. In Walters v. Metropolitan Educational Enterprises, Inc., the Court clarified how to calculate the number of employees to determine whether an employer meets the threshold number of employees and therefore is subject to Title VII of the 1964 Civil Rights Act.
Louisiana Acorn Fair Housing v. Quarter House: Federal District Court in Louisiana Holds Timeshares are Dwellings Under FHA
In Louisiana Acorn Fair Housing v. Quarter House, a U.S. District Court held that timeshare units constitute dwellings under the Fair Housing Act (the "FHA").
A 1996 Kansas case had a very favorable outcome for real estate practitioners, holding that they "may protect themselves from negligent misrepresentation actions by disclaiming knowledge of the property’s defects and having a seller acknowledge such disclaimer."
Olsen v. Vail Associates Real Estate, Inc.: Colorado Supreme Court Finds No Breach of fiduciary duties Duty in Dual Agency Case
Following the death of J. Perry Olsen, his ranch was listed for sale on an open listing. Vail Associates Real Estate, Inc., a real estate brokerage, introduced the Olsen children to Magnus Lindholm, who wanted to purchase the property. Lindholm wanted more property than just the Olsen ranch, and he asked Vail Associates to find out whether the only other ranch in the area, the Rickstrew ranch, was available for purchase.
Cushman & Wakefield of New Jersey, Inc. v. Alexander Summer Co: Brokerage Awarded Commission Relating to Property It Did Not Show
The Superior Court of New Jersey awarded a broker a commission in connection with the leasing of a property it did not actually show to the lessee. Cushman & Wakefield of New Jersey, Inc. v. Alexander Summer Co..
A decision from the Court of Appeals of Maryland, Adloo v. H.T. Brown Real Estate, Inc., held that a lockbox agreement didn't protect a brokerage from liability for its own negligence.
The Adloos had entered into an exclusive listing agreement for the sale of their home with H.T. Brown Real Estate, Inc. (the Broker"). A clause in that agreement stated that neither the Broker, his agents or subagents "are responsible for vandalism, theft or damage of any nature whatsoever to the property."
P&M Equities, Inc., d/b/a Re/Max N.O. Properties v. Latter & Blum: Board Arbitration Award Upheld by Louisiana Court
A Louisiana court recently upheld an association arbitration award. Believing one of its subagents was the procuring cause of a sale, not the buyer broker who had received a commission, the listing broker requested arbitration and prevailed. The buyer broker then filed with the court a motion to vacate, modify and correct the arbitration award.