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