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Apex Realty v. Schick Realty: Court Upholds Arbitration Award Without Stated Findings of Fact and Conclusions of Law Because Such Findings/Conclusions Were Not Required by the Arbitration Agreement

January 1, 1990: 

The case Apex Realty, Inc. v. Schick Realty, Inc., heard Board and arbitrators appeal from interlocutory order of the New Jersey Superior Court (Law Division) requiring them to formulate written findings of fact and conclusions of law regarding their resolution of an issue of contract construction in favor of Apex Realty. The appellate division reversed the decision of the law division and reinstated the Board's order.

Archuleta v. Santa Fe BOR: Santa Fe Board of REALTORS® Settles Case Arising Out of Inaccurate Acreage Figure in MLS

January 1, 1990: 

In a matter filed in the District Court of Santa Fe County, New Mexico, the Plaintiff filed a claim for negligent misrepresentation arising out of an inaccurate acreage figure in a MLS book. The parties settled prior to trial.

Sussex County BOR v. Dautel: New Jersey Superior Court Upholds Board's Authority to Discipline Members for Failure to Comply With Code of Ethics' Continuing Education Requirements

June 16, 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.

In 1989 the Superior Court of New Jersey addressed whether a Board could suspend a member for failure to comply with bylaws requiring attendance at a continuing education program based on the NATIONAL ASSOCIATION OF REALTORS® (NAR) Code of Ethics. The court granted summary judgment to the Board.

Downriver BOR v. Harris: Michigan Court Grants Board Declaratory Judgment

May 10, 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.

In 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics. The court of appeals held that a lower court may decide cases of actual controversy within its jurisdiction prior to injuries or losses actually occurring. The court of appeals also granted the Board summary judgment on Harris' due process claim.

Daley v. Koch: Pre-ADA Case Applies Rehabilitation Act of 1973 to Determine Whether Employee Is Handicapped.

January 1, 1989: 

In Daley v. Koch, the Second Circuit granted the defendant summary judgment as it found that the plaintiff, who showed "poor judgment, irresponsible behavior and poor impulse control," was neither handicapped nor perceived as handicapped under the Rehabilitation Act of 1973.

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.

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