The United States Appealbrought an action s Court for the 1st District has overturned the decision of the District Court in the matter of REBA v. NREIS. The Real Estate Bar Association for Massachusetts had commenced an action to determine if the "settlement services" provided by National Real Estate Services, an out of state corporation, constituted the practice of law.
The US District Court had issued a ruling that they did not, and further issued an Order prohibitin from attempting REBA from enforcing its interpretation of the practice of law. The District Court further determined that REBA's action had violated NREIS civil rights and awarded attorneys' fees in excess of $900,000 against REBA.
he Appeals Court overturned the District Court on all counts, finding that the suit was not a violation of NREIS' actions, but that the District court judges order was a violation of REBA's fundamental right of free speech. The Appeals Court has overturned the attorneys' fee award and has referred the central issue in the case, the application oft the practice of law to modern conveyancing.
A copy of the full decision may be found here.