JUNE 2005

(6/29) No Antitrust Conspiracy between Levels of Association
(6/29) No Eminent Domain Can Be Used for Redevelopment Plan
(6/23) No Real Estate License for Disbarred Attorney
(6/23) U.S. Supreme Court Denies Exception in Takings Cases
(6/15) Broker Awarded Commission for Lease Renewal
(6/15) Court Considers Protection Clause
(6/8) Minors Cannot Allege Violations of Lead Paint Act
(6/8) Minimum Service Laws Document Center

MAY 2005
(5/31) Class Certification Denied in Antitrust Lawsuit
(5/25) No Recovery for Inaccurate MLS Information
(5/25) Real Estate Professionals Not Liable for Dog Attack
(5/18) Statute of Limitations Does Not Bar Lawsuit
(5/18) Legal Action Funding
(5/14) NAR Initiates Resolution to VOW Policy Dispute
(5/12) NAR, DOJ to Negotiate Enhanced IDX Policy
(5/11) News Analysis: NAR Position on VOW policy
(5/4) Commission Advancement Case Returned to Court


APRIL 2005
(4/27) NAR Memo Addresses DOJ Lobbying Efforts
(4/27) Lawsuit Over Disclosure of Bats in Attic Proceeds
(4/20) Association Obtains FSBO Web Site Injunction
(4/20) Apartment Service Loses Fair Housing Lawsuit
(4/13) Banking Commission Reversed
(4/13) Class Action Lawsuit Over Fees Proceeds
(4/6) Court Allows Attachment of Landlord's Property
(4/6) Court Rejects Oral Modifications to Agreement

MARCH 2005
(3/30) RESPA Dos and Don'ts for Real Estate Professionals
(3/30) Sandicor Discovery Requests Rejected
(3/23) Broker Liable for Nondisclosure
(3/23) 1031 Gain Deferral Denied in Multiparty Transaction
(3/16) Brokerage's Noncompete Clause Unenforceable
(3/16) Brokerage Dismissed from Lawsuit
(3/9) Filing Does Not Violate Debtor's Protections
(3/2) Salesperson Liable for Developer's Lost Profits
(3/2) New "Do-Not-Call" Order Addresses FSBO Listings

FEBRUARY 2005
(2/23) Quantum Meruit Possible from Deficient Contract
(2/23) IRS Addresses Income from Virtual Trade Shows
(2/16) Licensee Punished for Withholding Escrowed Funds
(2/16) Statements about Property's Potential Not Fraudulent
(2/16) CAN-SPAM Webcast
(2/9) Arbitrators Do Not Have to Be Attorneys
(2/9) FACT Act Q&A
(2/2) Broker Awarded Commission
(2/2) Right of First Refusal Unenforceable

JANUARY 2005
(1/26) Landlord Liable for Refusal to Accept Housing Vouchers
(1/26) Commission Recovered from Expired Agreement
(1/19) Statute of Frauds Does Not Bar Tort Action
(1/19) Distracted City Council Denied Owner Fair Hearing
(1/12) FTC Issues Final Primary Purpose Rules
(1/12) Fire Does Not Remove Commission Obligations
(1/12) Sign Up Now for Summer or Fall Mediation Training
(1/5) Salesperson Liable for Incomplete Well Testing

2004
(12/29) Tenant's Lawsuit Against Salesperson Continues
(12/29) No Specific Performance for Buyer
(12/22) Commission Can Proceed with New Rules
(12/15) Diligent Buyer Entitled to Specific Performance
(12/8) FSBO Web Site Does Not Need Real Estate License
(12/8) White Paper on Loan Origination Payments
(12/8) "Working with Limited Service Brokers" Findings
(12/6) Updated "Pathways to Professionalism"
(12/1) No Third-Party Disclosure Under Lead Paint Rules
(12/1) Key NAR Policy Changes

(11/24) Commission Claims Based on Oral Agreement Proceed
(11/24) Broker Earns Commission Despite Seller Interference
(11/24) Sign Up Now for 2005 Mediation Training
(11/17) Broker Loses Boyfriend, Referral Fees
(11/17) Seller's Creditor Cannot Garnish Escrow Account
(11/10) Relocation Company Not Liable for Disclosures
(11/10) Legal Action Funding Approved at Annual
(11/3) Holley v. Meyer Reconsidered
(11/3) Brokerage Entitled to Insurance Coverage

(10/27) Disclosure of Prior Litigation Not Required
(10/27) No Oral Agreement to Sell
(10/20) Offer’s Representations can Form Basis of Contract
(10/20) Risk Management Forum at REALTORS® Conference
(10/13) Lawsuit Over Purchase of Wrong House Proceeds
(10/13) IRS Issues Final Rules for Home Sale Exclusion
(10/6) How HUD Decides If Company Is a Sham
(10/6) Consultant Not Entitled to Fee from Sale of Club

(9/29) HUD's Interpretation of RESPA Mark-Ups Upheld
(9/29) Home Buyers Marketing II White Paper
(9/22) Fair Housing Action Against Manager Dismissed
(9/15) Award to Broker Overturned
(9/15) FCC Rules Impact Senders of Commercial E-Mail

(8/11) Condemnation for Developer Rejected
(8/11) ISP Not Liable for Copyright Infringement

(7/21) Commission Allowed for Voluntary Condemnation
(7/21) Sculpture Not Protected by Federal Law

(5/26) Court Mulls Commission Split Agreement
(5/26) Broker Need Not Honor Commission Assignment
(5/19) Broker Has No Duty to Advise of Tax Advantages
(5/19) NAR Legal Action Committee Funding

(4/7) NAR Wins Challenge to REALTOR® Trademark
(4/7) Administrative Assistant for Small Business Classified as Employee
(4/7) 2004 Policy Changes: Professional Standards and Multiple Listing

(3/31) Buyer Awarded Damages for Fiduciary Duty Breach
(3/31) R.I. Court Sets Forth Disclosure Obligations of Real Estate Professionals
(3/24) Brokerage's Noncompete Clause Ruled Unenforceable
(3/24) Client Awarded Damages from Broker's Purchase of Property Client Sought
(3/17) Property Manager Cannot Seek Damages for Fear
(3/15) REALTORS® Have One Year to Complete First Cycle of Ethics Training
(3/10) Seller's Duress Voids Purchase Agreement
(3/10) Seller Not Bound by Broker's Alleged Statements

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