Powered by Google

Search form

Pope v. Mississippi REC: Fifth Circuit Reviews REALTOR® Trademark Protection and Whether Required Membership Is an Unreasonable Entry Barrier to MLS

January 1, 1989: 

In Pope v. Mississippi Real Estate Commission, the Fifth Circuit applied the Rule of Reason Test to determine that membership fees based on the number of agents within a real estate agency did not establish an unreasonable entry barrier to the MLS operated by the Board of REALTORS®.

Re Arbitration of Cent. 21 Jack Associates v. Realty World: Vermont Supreme Court Reviews Board's Arbitration Appeal Procedure

January 1, 1989: 

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

The Supreme Court of Vermont addressed the validity of a Board arbitration award. The court upheld the award, as it found that the Board's handling of the appeal and affirmation of the award did not violate due process.

Slimm v. Yates: New Jersey Broker's Representation of Client Before Planning Board Constituted Unauthorized Practice of Law

January 1, 1989: 

In 1989 the Superior Court of New Jersey addressed alleged unauthorized practice of law by a real estate broker. The court held that a broker who represented a client before a planning board violated state law regarding the unauthorized practice of law.

Smith v. Renaut: Pennsylvania Broker Found Not Liable for Failure to Disclose Water Contamination

January 1, 1989: 

The Superior Court of Pennsylvania held that a broker was not liable for failure to disclose the presence of chlordane (an insecticide and carcinogen) in well water, as there was no evidence that the broker made any representations regarding chlordane in the water, or that its presence was concealed in any way by the broker.

Smith v. Renaut, 387 Pa. Super. 299, 564 A.2d 188 (Pa. Super. Ct. 1989).

Nguyen v. Scott: California Court Reviews Article 5 of NAR Code of Ethics

January 1, 1989: 

Note: NAR’s Code of Ethics and Standards of Practice were revised, renumbered and reformatted in 1995. The following cases have been organized according to the revised numbering of the Articles of the Code of Ethics. Where a summary of a case includes a reference to an Article of the Code of Ethics, both the original and revised numbering are noted. Only the current versions of the texts of Articles are used to introduce each Article in the outline below.

Dowd v. Iantosca: Massachusetts Court Reviews Article 5 of NAR® Code of Ethics

January 1, 1989: 

Note: NAR’s Code of Ethics and Standards of Practice were revised, renumbered and reformatted in 1995. The following cases have been organized according to the revised numbering of the Articles of the Code of Ethics. Where a summary of a case includes a reference to an Article of the Code of Ethics, both the original and revised numbering are noted. Only the current versions of the texts of Articles are used to introduce each Article in the outline below.

Bauman v. Nutter: Iowa Court of Appeals Holds That an Agency/Principal Relationship May Be Implied From the Parties' Words or Conduct

January 1, 1989: 

In Bauman v. Nutter, the Court of Appeals of Iowa addressed the issues of implied agency and specific performance. The court held that an agent/principal relationship may be implied from the parties' words or conduct and the circumstances of a particular case, and that specific performance will be denied to the principal where the agent induces the seller to sign a contract with mistaken terms.

Allegheny Pittsburg Coal Co. v. County Comm'n of Webster County, WV: United States Supreme Court Finds County Assessor's Methods Unconstitutional

January 1, 1989: 

In Allegheny Pittsburgh Coal Company v. County Comm’n of Webster County, WV, the U.S. Supreme Court held that the defendant's method of assessing real property violated the Equal Protection Clause of the United States Constitution.

Berke v. Nan Hecht: Court Declined to Compel Board to Arbitrate Dispute Between Members After Board Declined

January 1, 1989: 

In Berke v. Nan Hecht, The Realty Investment Co., The Realty Investment Company (TRI) appealed from a court order denying its petition to compel the Board to arbitrate a dispute between it and another Board member, Berke. The facts of the case are complex but the key issue on appeal was whether, and to what extent, the Board had the power to decline to arbitrate their dispute. Ultimately, the California Appellate Department of the Superior Court affirmed the trial court's order denying TRI's request to compel arbitration.

Cardinal v. Merrill Lynch Realty/Burnet, Inc.: Minnesota Supreme Court Finds Broker Providing Closing Services Not Engaged in Unauthorized Practice of Law

January 1, 1989: 

In 1989 the Supreme Court of Minnesota addressed whether a real estate broker had engaged in the unauthorized practice of law. The court held that by charging a separate fee for closing services in an ordinary real residential real estate transaction which presented neither difficult nor doubtful questions, the broker did not engage in the unauthorized practice of law.

Pages