Document Type
Article
Publication Date
3-1997
Publication Title
Michigan Law Review
Keywords
consumers, damages, section 10, Real Estate Settlement Procedures Act of 1974 (RESPA)
Abstract
This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part II contends that a private action for money damages is superior to other potential forms of enforcement.
Repository Citation
Sagers, Chris, "An Implied Cause of Action under the Real Estate Settlement Procedures Act" (1997). Law Faculty Articles and Essays. 1046.
https://engagedscholarship.csuohio.edu/fac_articles/1046
Volume
95
Issue
5
Included in
Antitrust and Trade Regulation Commons, Consumer Protection Law Commons, Property Law and Real Estate Commons, Supreme Court of the United States Commons
