Complete both Parts 1 and 2. PART I Pick 4 (4) of the following scenarios that r
Complete both Parts 1 and 2.
PART I
Pick 4 (4) of the following scenarios that resulted in actual legal cases that were then appealed and made case law. Include the name of each case you pick in your typed assignment.
For each case you pick, explain all of the following:
What should have been done differently to achieve the result desired
What do you think the court decided and why
If applicable, did the agent do something wrong – why/what, etc.
I’ve included a few questions with some of the cases, but those are just a starting point for you
Include the general legal principle or reasoning that would support your comments — I don’t expect you to cite case law or actual statute by number but I want to see your reasoning for your statements, not just blanket statements such as “the contract was void and they didn’t have to sell the house” – why was it void? General or non-supported statements such as “the contract was void” will not be given points – I want to see how you came to that conclusion.
Each case explanation should be 1.5-2 paragraphs. They do not need to be longer than that.
PART 2
Type up 1.5-2 paragraphs describing the legal case example you found the most interesting in the textbook and why – identify it by case name, page # in textbook as well.
Cases:
Smith v Robinson – disclosure etc.
The Smiths listed their home with George Suarez at Hall Realty. The Smiths entered into a sales contract with the Robinson family. Both the Smiths and their agent Suarez claimed that the property could have an addition, and there were no significant property defects. The Robinsons represented themselves and had no agent. Following closing, the Robinsons discovered that due to a zoning variance, they could not build an addition and they also found several other physical defects. The Robinsons sued both the sellers and Suarez, claiming that they had a duty to disclose the zoning issues and that the disclosures provided constituted a breach of contract, including the covenant of good faith and fair dealing. Suarez moved to have the case dismissed against him, stating that he had no responsibility for investigating on the buyers’ behalf and that the defects were not immediately visible so beyond his agency duty of disclosure. Should the judge dismiss this case against Suarez in part or entirely?
Zhang v. Santos Realty – contract
George Santos of Santos Realty listed the Zhang home for $3,000,000. The seller’s agent verbally told Zhang that he was Zhang’s exclusive agent. During verbal contract negotiations, he told Zhang that unless he lowered the price to $2,800,000 he would lose a prospective buyer. During these negotiations, Santos had told the seller how much the buyer was willing to offer and also told the buyer how little the seller was willing to take, but eventually advised the seller that he shouldn’t accept a less than full price offer. There was no written offer, but when escrow was opened, Santos provided an agency confirmation of dual agency to Zhang, which he signed without reading. How do you think the courts rule on this? Was agency properly confirmed? What should happen?
Adverse possession
A property owner sought title through adverse possession to a neighbor’s property. He’d met all the requirements, except for paying taxes. Because the neighboring property was a religious institution, taxes were not assessed. The plaintiff contended that since taxes were not assessed, he didn’t need to pay them to qualify for adverse possession. Do you agree? Explain your answer.
Neighbor issues
Weeds were growing in a drainage ditch; seeds from the weeds invaded the neighboring property and those owners brought an action to abate them as a nuisance. Must the owner of the drainage ditch remove the weeds?
Escrow
An escrow agent agreed to withhold funds to cover a debt due to the plaintiff. The escrow agent failed to withhold the funds as agreed. The plaintiff was not a party to the escrow. Is the escrow agent liable to the plaintiff?
Agent Liability
While looking at a house, a prospective tenant thought she was opening a closet door but fell down the basement stairs that were actually behind the inward-swinging door. The stairs had no landing or handrails. What is the liability of the agent?
Commission
Carter, a broker, sold a net listing to his daughter and received a $5000 commission. The seller had agreed to the list price based on the Carter’s CMA/recommendations. What are the problems involved in this case?
Title issue
A husband whose wife was in a mental hospital acquired an interest in a house with another woman he was living with. The husband used community property for his share of the down payment; the other woman used her separate property to purchase. Can they hold title as joint tenants?
Copyright Monique Young 2022