Case Study Questions Sonrense Assigned Friday, January 25, due Monday, January 28, 2019:1. Please answer/respond to the first four (4) “Case Studies” quest
Case Study Questions Sonrense Assigned Friday, January 25, due Monday, January 28, 2019:1. Please answer/respond to the first four (4) “Case Studies” questions on p. 24. (Limit your response to each question to 2 typed sentences (or less)–quality and not quantity!) Entire assignment must be limited to one, double-spaced page. Do not go to any outside source for aid in answering any of the questions.)2. In Chapter 12, “Agency and Brokerage,” read pp. 276-279 (through “Independent Contractor” stop at “Listing”); skip to and read pp. 303-306 of Chap. 12 (“Real Estate Sales Associate,” “Licensing Laws,” and “Unauthorized Practice of Law”).3. Please open and review Sections 201-304 and 608 (stop at Sec. 608a–“Written Agreement with Broker”) of the attached PA. R.E. Lic. & Reg. Act(cited as: 63 P.S. Sec. 455.201-304 & 608) that appear below. Your reading of this statute should be in light of the general materials that you have read thus far in Chap. 12. PART ONE
Nature of Real Estate Law
3. During the past 50 years, statutory law has gradually replaced some
judge-made or decisional law. Explain the reasons for this.
4. When should federal regulation be permitted to preempt state law?
5. Do you think that alternative dispute resolution (ADR) clauses in con-
tracts undermine the right to a day in court? Explain.
E STUDIES
1. Sorensen, a licensed real estate broker, entered into a listing agreement
with Schomas. Sorensen located a buyer who submitted a purchase offer.
Schomas refused to accept the offer or to pay Sorensen the commission
that was clearly owed. Enraged, Sorensen threatened to take the case to
the United States Supreme Court, if necessary.” Explain why Sorensen
would be unable to do this.
2. Taylor was involved in litigation involving a real estate problem. Tay-
lor’s friend Bennett testified on Taylor’s behalf at the trial. Bennett’s
testimony was critical to the outcome of the case. Taylor lost the case
and decided to appeal. When Taylor informed Bennett of his intention to
appeal, Bennett told him that he could not testify a second time because
the experience had drained him emotionally. Taylor told Bennett that it
would not be necessary for him to testify again. Explain why.
3. Stanley Beck purchased a remote farm to which he moved with his
family. After living there for a time, Beck became disturbed because
his children had a long walk to the school bus. The walk was especially
dangerous during the winter because there were no sidewalks and the
road was often icy. Beck asked an attorney whether the purchase could
be rescinded on the grounds of fraud. Beck contended that the seller,
knowing Beck had school-age children, should have informed him that
the walk to the bus stop could be dangerous in winter. The attorney told
Beck that, in their state, silence could not be the basis for fraud unless
the seller, knowing of a hidden defect in the property that could cause
injury, failed to disclose it. The attorney stated that there was no prec-
edent for the proposition that a long walk on an icy road to a school
bus is a hidden defect that a seller is bound to reveal. Explain what the
attorney meant by precedent and why the fact that no precedent existed
was significant.
4. Howery’s house burned down. When he demanded payment from his
insurer, Allstate, it refused to pay, accusing him of arson. Howery sued
Allstate in Texas state court to recover under his insurance policy. Subse-
quently, Allstate made a motion to remove the case to a federal district court.
Federal law permits a defendant to remove a case from state to federal court,
provided the plaintiff could have brought the suit in federal court at the start.
What would Allstate have to show in order to remove to federal court?
Howery v. Allstate Insurance Company, 243 F.3d 912 (5th Cir. 2001).
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