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McCarrick v. Polonia Federal S&L: RESPA Differentiates Between Kickbacks and Services

January 1, 1980: 

In McCarrick v. Polonia Federal S. & L. Ass'n, a federal District Court in Pennsylvania addressed alleged violations of 12 U.S.C. section 2607 (section 8 of the Real Estate Settlement Procedures Act of 1974 (RESPA)). The court held that the defendant was not liable for RESPA violations, as the actions taken by the plaintiff's real estate broker constituted services, not kickbacks, and there was no referral arrangement between the broker and the defendant.

State v. Hossan-Maxwell: Connecticut Supreme Court Finds List Back Agreements Illegal

January 1, 1980: 

In State v. Hossan-Maxwell, the Supreme Court of Connecticut addressed list back agreements under the Connecticut State Antitrust Act. The court held that list back agreements constitute tying arrangements, which when coupled with other prerequisites, become per se violations of the Act.

Hilgendorf v. Hague: Iowa Supreme Court Reviews Damages Awarded to Broker for Vendor's Breach of Listing Agreement

January 1, 1980: 

In Hilgendorf v. Hague, the Supreme Court of Iowa addressed a dispute between a broker and a vendor regarding the vendor’s breach of a listing agreement. The court held that the vendor had the power, but not the right, to terminate the agreement, and that the broker could recover damages rather than a commission.

Foster v. W.Alexandria Properties: Federal Court Determines No Tying Arrangement Existed

January 1, 1980: 

In Foster v. West Alexandria Properties, the district court addressed tying arrangements concerning the sale of condominiums and the use of a particular management company. The court held that a condominium unit and management service were one integrated product, so no tying arrangement or antitrust violation occurred.

Wells v. Moblie Co. BOR: Alabama Supreme Court Concludes Arbitration Requirement Is Againt Public Policy

January 1, 1980: 

In Wells v. Mobile Co. Board of REALTORS®, the Alabama Supreme Court considered whether agreements to arbitrate future disputes violate public policy. The case involved a commission dispute between sales associates.

Washington v. Tacoma-Pierce: Washington State Attorney General May Challenge Membership-Based Access to MLS

January 1, 1980: 

In Washington v. Tacoma-Pierce, Tri-City, & Spokane Bd. of REALTORS®, the Supreme Court of Washington addressed the State's challenge to restrictions on MLS access based on membership in a local Board of REALTORS® (Board). The court held that the State Attorney General could bring an antitrust action challenging that restriction under the state Consumer Protection Act (CPA).

Schroud v. Van C. Argiris & Co.: Illinois Appellate Court Confirms Arbitration Award Based Upon Statute's Procedure

January 1, 1979: 

Illinois Appellate Court Confirms Arbitration Award Based Upon Statute's Procedure

In Schroud v. Van C. Argiris & Co., the Appellate Court of Illinois addressed procedural issues relating to a Board arbitration award. The appellate court affirmed the trial court's decision confirming the award.

Penne v. Minneapolis BOR: "Interseller Price Verification" Is Not Price Fixing

January 1, 1979: 

In Penne v. Greater Minneapolis Area Board of REALTORS®, the Eighth Circuit addressed boycott law and its applicability to the real estate brokerage industry. The court held that the defendants had not contracted, combined, or conspired to fix and maintain brokerage fees in violation of the Sherman Antitrust Act.

Kendler v. Rutledge: Illinois Court of Appeals Reviews Fairness of Board of REALTORS® Disciplinary Procedures

January 1, 1979: 

In Kendler v. Rutledge, the Appellate Court of Illinois addressed the fairness of disciplinary procedures followed by a Board of REALTORS®. The court held that the Board violated its own by-laws by allowing an Ethics Committee member to review the appeal of a decision in which he had previously participated.

Hecht Realty v. Whisnant: North Carolina Court Reviews Elements of Procuring Cause to Resolve Commission Dispute

January 1, 1979: 

In Hecht Realty, Inc. v. Whisnant, the Court of Appeals of North Carolina addressed procuring cause in the sale of a home. The court held that the plaintiff, a realty firm which showed the house to the purchasers, which had knowledge of the vendor's listing with another agency, and which presented the purchaser's offer that was met by an unaccepted counteroffer was not the procuring cause of the sale.

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