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.
In Smith v. Sullivan, the Supreme Court of Mississippi addressed the issues of implied agency and undisclosed dual agency. The court found that an expired agency contract may be extended by a broker's actions and the principal's acquiescense, and that where implied agency exists, the agent owes all requisite fiduciary duties.
Pomanowski v. Maonmouth Co. BOR: New Jersey Supreme Court Upholds Board of REALTORS® MLS Membership Policy
In Pomanowski v. Monmouth County BOR®, the Supreme Court of New Jersey addressed a practice of the Monmouth County Board of REALTORS® which denying non-members access to a multiple listing service (MLS). The court held that the Board's denial of access was reasonable and did not violate the New Jersey Antitrust Act.
Mikkelson v. Quail Valley Realty: Utah Supreme Court Finds for Broker in Purchaser's Claims for Misrepresentation Based Upon MLS Error
In 1982, the Supreme Court of Utah addressed an alleged misrepresentation due to a MLS error. The court held that a purchaser could not recover where he: (1) inspected a house before buying it; and (2) before closing, signed and acknowledged receipt of documents which indicated the actual square footage of the house.
Coldwell Banker v. Karlock: In Examining a "Best Efforts" Claim in a Commission Dispute, the Seventh Circuit Finds That Producing a Purchaser Is at the Heart of a Listing Agreement
In Coldwell Banker v. Karlock, the Seventh Circuit addressed whether a broker was entitled to a commission where he had allegedly not used his "best efforts" in finding a potential purchaser. The court held that the broker satisfied his requirement of producing a "ready, willing, and able" purchaser. Further, the court refused to enforce an Indiana "closed door" policy which would have denied the broker his commission.
Havens Realty v. Coleman: U.S. Supreme Court Reviews Parties' Standing to Sue Under Fair Housing Act
In Havens Realty v. Coleman, the Supreme Court addressed standing under the Fair Housing Act (Act), and the proper construction of section 812(a) of the Act, which imposes a 180-day statute of limitations. The Court held that individuals and housing organizations have standing to sue, and that where fair housing violations are continuous, the 180-day statute of limitations runs from the date of the last occurrence of discrimination.
State-Miller v. Cedar Rapids BOR: Iowa Supreme Court Determines That Membership-Based MLS Access Does Not Violate Antitrust Laws
In State ex rel. Miller v. Cedar Rapids Board of REALTORS®, the Supreme Court of Iowa addressed the reasonableness of board membership as it related to MLS access. The court held that if all membership criteria were reasonable and if membership was available to all applicants on the same terms, that MLS access could be limited to board members.