A June 1999 Supreme Court of Oklahoma decision set aside decisions from the Oklahoma Real Estate Commission (the “Commission”) and two lower courts that certain statements contained in an advertising brochure are false and misleading. Snider v. Oklahoma Real Estate Commission.
A decision from the Court of Appeals of Arizona found the broker exculpatory clauses in a form purchase contract were unenforceable and also clearly distinguished between the disclosure duties owed to a home buyer by the listing brokerage and those owed by the brokerage representing the buyers.
An April, 1999 decision of the Pennsylvania Supreme Court, Bortz v. Noon, addressed the issue of misrepresentation in the context of a licensee acting as an innocent conduit of information from a third party.
In 1999 the Supreme Court of South Carolina decided the case Darby v. The Furman Company, Inc. In this case, Gwendolyn Darby (the “Seller”) owned a large tract of land located in Greenville County, South Carolina. She contacted a real estate brokerage, The Furman Company, Inc. (the “Brokerage”), spoke with Bill Fogleman, one of its salespeople, and listed a 53 acre parcel for sale with the Brokerage.