Owners and licensees are not required to disclose psychologically affected issues, psychological impact, psychological stigma (e.g. the suspected presence of ghosts, murders, death) affecting real estate so long as there is no material impact on the physical condition of the property being transferred. So if there is a skeleton or blood or body on the… Continue Reading Happy Halloween!
https://www.nar.realtor/legal-case-summaries/breach-of-fiduciary-duty-claims-denied Read the full decision - Busch v. Domb(link is external) Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed the other claims to continue. A homeowner (“Seller”) listed her home for sale with… Continue Reading Self Dealing, Or Near Self Dealing, Good Way to Get Sued
https://www.nar.realtor/legal-case-summaries/licensee-testimony-improperly-excluded Read the full decision: N. Carolina Dep't of Transportation v. Mission Battleground Park, DST. North Carolina’s highest court rules that the lower court erroneously relied upon the state statute for appraisals when it denied the admission of testimony from a real licensee about the value of land taken by the state for a road… Continue Reading Interesting NC case on VALUE (appraiser) v. PRICE (real estate broker)
https://www.nar.realtor/legal-case-summaries/agency-structure-violates-antitrust-law The Federal Trade Commission has determined that the State of Louisiana failed to actively supervise its real estate appraisal board which contained a super-majority of market participants prior to 2017 and the state’s remedial measures taken after the FTC filed its complaint were insufficient to demonstrate that the state would actively supervise the board… Continue Reading FTC Sues Louisiana Appraisers Board for Antitrust on AMC Regulations
https://www.nar.realtor/legal-case-summaries/debtors-can-t-collect-from-team-leader Read the full decision from the United States Bankrupty Court District of Idaho. Two real estate licensees (“Debtors”) joined a real estate team (“Team”) that was headed by a single individual (“Team Leader”). The Team was part of a real estate brokerage (“Firm”) and the Firm received all of the Team’s commissions. The contract… Continue Reading Teams, Get Contracts, Money Goes to BIC, BIC Pays Team Leader, BIC Pays Team Members
https://www.nar.realtor/legal-case-summaries/challenge-to-license-law-rejected Read the full decision: Ladd v. Real Estate Comm'n of Commonwealth(link is external) Pennsylvania court rules that state’s real estate licensing scheme is constitutional and so dismisses challenge brought by part-time property manager who claimed the licensing requirements were overly burdensome. An individual (“Challenger”) began renting two vacation cottages that she owned in 2013.… Continue Reading PA Citizen Sues that the REC is Illegal
https://www.nar.realtor/legal-case-summaries/licensee-liable-for-negligent-statement Read the full decision: Slauson Avenue, LLC v. Thomas Gilleran (link is external) California appellate court affirms verdict against real estate professional who the court ruled had misstated a property’s square footage. A real estate professional (“Licensee”) informed the managing partner (“MP”) of an LLC (“Buyer”) about a property consisting of two residential and… Continue Reading Miscalculation of Square Footage = Half Million Dollar Judgment Against Brokerage
https://www.nar.realtor/legal-case-summaries/franchisor-not-vicariously-liable Read the full decision: New Star Realty, Inc. v. Jungang PRI USA, LLC (link is external) Georgia appellate court reverses jury verdict that held the franchisor vicariously liable for actions of franchisee because there was no evidence to support the verdict against the franchisor. A residential and commercial real estate franchisor (“Franchisor”) based in… Continue Reading Be Careful Who You Deposit Large Earnest Money Deposits With, Agency and Vicarious Liability
A New York court denied a broker suing a seller for commission from a deal because the broker was working as an undisclosed dual agent. SCR310 page 8 is how REALTORS® can disclose their agency or non-agency position(s) in the transaction. SCR310 page 8 is how the clients and or customers in a transaction can… Continue Reading Another Reason to Fill Out Page 8 of SCR310, Get Paid
Want to learn what is happening in courts across the USA regarding real estate? Read NAR legal summaries here: https://www.nar.realtor/legal-case-summaries Posted by : Byron King on 10/30/18 (This information is only accurate as of 10/30/18. You must contact SCR for updates and changes to this information after 10/30/18 as laws and regulations may change over… Continue Reading USA Real Estate Cases Summarized