Court of Appeals sides with real estate couple

OXFORD – Duffy and Karen Morf’s punishment by the North Central Mississippi Board of Realtors will go back to chancery court for more appropriate action, the Mississippi Court of Appeals agreed Tuesday.
The Morfs operated a real estate business in Oxford and committed various clerical or inadvertent errors on the Multiple Listing Services dating back to 2005.
The Realtor’s board of directors levied harsh sanctions against them, which were upheld by Chancellor Glenn Alderson in 2007.
The Morfs appealed.
In the new ruling, the court said that while the Morfs’ violations “were not considered minor or petty,” the board’s guidelines for conduct should have limited the sanctions to “penalties intended to education them as to their mistake.”
The board acted “arbitrarily and capriciously” in disciplining the couple and the case should go back to Lafayette County, where mitigating factors can be taken into account, the court ordered.
The appeals court first reversed and sent the case back in July 2008 but the realty board asked for a rehearing. It was denied in August 2008, followed by the new court order Tuesday.

NEMS Daily Journal