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Thomas v. Daubs: Business Broker May Not Collect Fee Without Real Estate License

March 1, 1998: 

In Thomas v. Daubs, the Appellate Court of Illinois affirmed a lower court decision holding that business brokers involved in the sale of a landfill were not entitled to a finder’s fee since they were not licensed to engage in the real estate business.

Johnson v. Maki and Associates, Inc.: Release Contained in Cancellation Agreement is Invalid

February 1, 1998: 

A 1997 Appellate Court of Illinois decision held that a release contained in a Cancellation Agreement for Contract to Purchase Real Estate was unenforceable due to lack of consideration. Johnson v. Maki and Associates, Inc. In this case, Jeanne Johnson listed a house for sale with Maki & Associates, Inc. Johnson entered into a real estate contract (the "Contract") with a couple (the "Buyers") to sell the house, and Maki placed the Buyers’ $2,000 earnest money deposit in an escrow account.

McCready v. Hoffius, et al.: OK to Refuse to Rent to Unmarried Couples in Michigan

February 1, 1998: 

In McCready v. Hoffius, et al., the Court of Appeals of Michigan held that a landlord who refuses to rent to unmarried persons does not violate the Michigan Civil Rights Act (the "MCRA") because unmarried cohabitation is not protected by that law. John and Terry Hoffius, a married couple (the "Landlords"), own residential rental property in Jackson, Michigan. In response to the Landlords’ advertisement, two unmarried couples inquired about renting the property.

PHH Real Estate Services, Inc. v. Mississippi Real Estate Commission: Federal Court Rules in Favor of Mississippi Rule Prohibiting Consumer Rebates

January 1, 1998: 

In PHH Real Estate Services, Inc. v. Mississippi Real Estate Commission, PHH, a large national corporation, sued the Mississippi Real Estate Commission (the "Commission"), challenging a Commission rule. PHH provides its clients with real estate and other services, often contracting with large corporations and other entities (the "affinity groups") to assist their personnel with the relocation process.

Broderick v. McElroy and McCoy, Inc.: Brokers Not Liable for Attorney Fees

January 1, 1998: 

A recent Colorado Court of Appeals decision held that the real estate brokers were not a party to the purchase and sale contract between the sellers and the buyers and therefore were not jointly and severally liable for the award of attorney fees. Broderick v. McElroy and McCoy, Inc.

Fowler v. Westair Enterprises, Inc.: Wyoming Court Finds No Implied Agency

January 1, 1997: 

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

January 1, 1997: 

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").

Century 21 Estates v. Jim Steele et.al.: Indiana Court Upholds Board Arbitration Award

January 1, 1997: 

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

January 1, 1997: 

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

January 1, 1997: 

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").