Legal Case Summaries

Wisconsin court rules that broker/lender did not have a fiduciary duty when he was considering a short sale offer for client's property.

The Supreme Court ruled that a party may prove violations of the federal Fair Housing Act by either showing intentional discrimination or that the challenged practice had a disparate impact on protected classes.

Massachusetts’s highest court finds that license law allowed broker to properly classify salespeople as independent contractors.

Alabama federal court rejected claims brought against an affiliated real estate brokerage and title company, finding that consumers had received the proper disclosure and the disclosure did not have to exactly replicate the language found in the RESPA regulations.

Two cases from Massachusetts examine when parties could enter into a real estate contract via text messages.

Colorado court rules that a “for sale” sign is not an invitation for buyers to enter the property and so dismissed lawsuit brought by a buyer who suffered injuries when she entered the property unaccompanied by the listing broker.

Arizona appellate court has determined that a salesperson was not an employee of the brokerage firm but rather an independent contractor, and thus the brokerage was not vicariously liable for the salesperson’s automobile accident.

Illinois court rules that a broker’s statement that he had a “strong relationship” with the alderman did not constitute a misstatement of fact necessary to bring a misrepresentation claim.

Texas federal court rules that photographer lacked standing to bring infringement lawsuit against another subscriber.

A California appellate court considers the damages awarded to a purchaser who was told by real estate professional that a strange smell was “sea air” but later turned out to be coming from a septic tank and an oil tank buried on the property.