Michael Crist

Response to tenant or potential tenant (edit the pet policy as needed): The landlord of property ______________________________________ prohibits all pets in the property. You have requested the landlord modify or provide an exception to the pet prohibition for an assistance animal as a reasonable accommodation for your disability. Because your disability or the disability-related need… Continue Reading Tenant Requests Reasonable Accommodation for Assistance Animal

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