U-Haul of W.Georgia v. Dillard Paper: Georgia Supreme Court Holds Broker's Statements Regarding Property Condition to Be Expressions of Opnion and Sales Puffing
Broker was not liable for representing warehouse building as in excellent condition, well-maintained, and sound, where three years after sale, building was discovered to have bowed walls in danger of collapse. Broker's statements were expressions of opinion and sales puffing, and buyer could have discovered defects by exercising ordinary diligence and having professional inspection performed.
U-Haul Co. of Western Georgia v. Dillard Paper Co., 169 Ga. App. 280, 312 S.E.2d 618 (Ga. Ct. App. 1983).
Virginia Beach BOR v. Goodman Segar Hogan: Virginia Supreme Court Outlines Standard of Review for Confirmation/Vacation of Arbitration Awards
In Virginia Beach Board of REALTORS®, Inc. v. Goodman Segar Hogan, Inc., the Supreme Court of Virginia reviewed the trial court's decision to vacate a Board arbitration award. The supreme court noted the limited circumstances under which an award may be vacated, reversed the trial court, and upheld the award.
Reed v. King: California Appellate Court Compares Duty to Dislose Facts About Stigmatized Property and Elements of Fraud
In Reed v. King, the California Court of Appeal addressed whether a seller has a duty to disclose a multiple murder in a house that occurred ten years prior to sale. The court found a duty to disclose facts that materially affect the value or desirability of property which facts are known to the seller and are not readily apparent to the buyer. The court remanded for trial on the issue of value.
George D. Thomas Builder v. Timmons: Texas Purchaser Uses Consumer Protection Act to Recover Damages From Broker and Seller for Misrepresentation/MLS Error
In George D. Thomas Builder v. Timmons, the Court of Appeals of Texas addressed an alleged MLS error regarding square footage under the Texas Deceptive Trade Practice Act (DPTA). The court found that the seller had not misrepresented the square footage and was not negligent regarding the error. The court found that the agent was liable under the DPTA and assessed treble damages. The court also held that the seller was jointly liable.
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.
Adams v. Kerr: Missouri Court of Appeals Holds That Dual Agent Must Act With Knowledge and Consent of the Principal(s).
In Adams v. Kerr, the Missouri Court of Appeals addressed the duty of loyalty owed by an agent to its principal. The court held that where, at the time of execution of a sales contract, a seller is not informed that his broker also represents the purchaser, the broker has breached his duty of undivided loyalty.
Holter v. Moore & Co.: Tenth Circuit Upholds Broker/Principal's Right to Set Commissions Without Finding That Sales Agents Conspired to Fix Prices of Commission Rates
In Holter v. Moore & Co., the Tenth Circuit affirmed the district court's holdings in finding that sales agents could not conspire with their broker/principal and that there was no violation of the Sherman Antitrust Act.
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.
In Young v. Whidbey Island Board of REALTORS®, the Supreme Court of Washington affirmed a superior court holding that limitations on MLS access based on membership in a local Board of REALTORS® violated the Unfair Business Practices-Consumer Protection Act (UBP-CPA). The supreme court also affirmed that the doctrine of avoidable consequences (i.e., mitigation of damages) was applicable to claims brought under the Act.
UMLS v. Bernstein: California Court of Appeal Addressed Disciplinary Actions for Failure to Arbitrate
In United Multiple Listing Service, Inc. (UMLS) v. Bernstein, the California Court of Appeal addressed disciplinary actions for failing to arbitrate.