Washington v. Tacoma-Pierce: Washington State Attorney General May Challenge Membership-Based Access to MLS
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
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.
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
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
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.
Bastone v. Dial-a-House: Court Upholds Association's Requirement That Members to Submit to Arbitration
In Bastone v. Dial-A-House, Inc., the New York Supreme Court addressed whether Board members were obligated to submit inter-member disputes to arbitration. The court held that disputes between Board members required arbitration, and denied a request to stay arbitration proceedings.
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 a 1979 case filed in Federal District Court in Illinois, the American Society of Real Estate Counselors, a NATIONAL ASSOCIATION OF REALTORS® (NAR) affiliate, brought a trademark infringement action against the American College of Real Estate Consultants. The court granted ASREC's motion for summary judgment and enjoined ACREC from further use of the ACREC name.
Van C. Argiris v. Pain/Wetzel: Disputes Between Association Members Required Arbitration per Agreement
In Van C. Argiris & Co. v. Pain/Wetzel & Assoc., Inc., the Plaintiff, (Argiris) sought a court order asking that a dispute between itself, several Board-member brokers, and the Kelly-Springfield Co. (a non-member broker) be deemed unsuitable for Board arbitration. The Appellate Court of Illinois held that issues between Board members required arbitration, but that disputes between members and non-members could be litigated.
Nystrom v. First National Bank of Fresno: California Court of Appeals Finds for Broker in Commission Dispute With Lienholder
In Nystrom v. First National Bank of Fresno, the Court of Appeal of California addressed a broker's claims for a commission on the sale of property which was in the possession of the bank. The court held that the letter agreement between the parties was enforceable and that the bank could not avoid liability because its own actions brought the sale of the property outside the terms of the agreement.
George v. Bolen: Kansas Court of Appeals Finds That an Agent Owes Fiduciary Duties in an Implied Agency Situation
In George v. Bolen, the Court of Appeals of Kansas addressed breach of fiduciary duty in an implied agency situation. The court held that whether an agency relationship arises expressly or impliedly, the agent owes fiduciary duties to the principal.