Acting on behalf of the seller, Levin Johnston brokered the record - breaking price - per - unit sale of Velocity at Lawrence Station, which commanded $ 465,250 per apartment.
If operating under brokerage agency, this conflict exists either when two different licensees engaged by the listing brokerage work with the seller and the buyer respectively, or when one licensee (or a team of licensees) engaged by the listing brokerage to
act on behalf of the seller / landlord is the same licensee (or team of licensees) who brings the buyer / tenant to the trade, i.e. a double - ender).
A definition of the term «material latent defect», and the responsibility of a licensee
acting on behalf of a seller to disclose a material latent defect, is contained in section 5 - 13 of the Rules.
The conflicts of limited dual agency continue to exist, however, if the same designated agents are
acting on behalf of a seller and a buyer in relation to the same transaction, or acting on behalf of two buyers who are interested in buying the same property.
(c) advertising of the auction specifies, if there is no licensee acting on the seller's behalf, the name and contact information of the seller, or, if a licensee does
act on behalf of the seller, the name and contact information of the licensee; and
Not exact matches
An investment dealer operates as an agent when it
acts on behalf of a buyer or a
seller of a security and does not itself own title to the securities at any time during the transactions.
A credit repair business and its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services
of a credit repair business, shall not do any
of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance
of the services that the credit repair business has agreed to perform for or
on behalf of the consumer; (2) Charge or receive any money or other valuable consideration solely for referral
of the consumer to a retail
seller or to any other credit grantor who will or may extend credit to the consumer, if the credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Represent that it can directly or indirectly arrange for the removal
of derogatory credit information from the consumer's credit report or otherwise improve the consumer's credit report or credit standing, provided, this shall not prevent truthful, unexaggerated statements about the consumer's rights under existing law regarding his credit history or regarding access to his credit file; (4) Make, or counsel or advise any consumer to make, any statement that is untrue or misleading and which is known or which by the exercise
of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended credit to a consumer or to whom a consumer is applying for an extension
of credit, with respect to a consumer's creditworthiness, credit standing, or credit capacity; or (5) Make or use any untrue or misleading representations in the offer or sale
of the services
of a credit repair business or engage, directly or indirectly, in any
act, practice, or course
of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale
of the services
of a credit repair business.
Jackson Lees solicitors have considerable experience in option agreements and are able to advise and
act on behalf of both the
seller and the buyer.
«
Seller's agents and dual agents do not and can not by law give a buyer the same degree
of loyalty as an agent who
acts on behalf of a buyer,» the court said in its ruling.
The
seller's estate sued the real estate licensees who
acted on seller's
behalf in the sale
of his property for breach
of contract and breach
of fiduciary duty.
Agency is a relationship between a principal (
seller or buyer) and an agent (broker) who
acts on behalf of the principal in dealing with a third party.
A buyer who relies
on the
seller's agent or
on dual agency does not receive the same degree
of legal protection as that afforded by an agent
acting solely
on behalf of the buyer.»
With the
seller's / buyer's written consent, the broker may designate another industry member to
act on the buyer's /
seller's
behalf for the period
of time you are away (or otherwise unavailable).
A licensee
acting for a
seller must make a disclosure
of expected remuneration in respect
of each «offer to acquire real estate» that is prepared
on behalf of a buyer and presented to the
seller by the
seller's licensee.
Eastern Consolidated Properties, Inc. v. Lucas (285 A.D. 2d 421)- Supreme Court's order to dismiss broker's complaint reversed; broker's complaint sufficiently alleges that certain defendants have the authority to
act on behalf of all defendants in the underlying real estate transaction; upon procuring a buyer ready, willing and able to purchase
on the
seller's terms, the broker has earned its commission and a
seller who frustrates the consummation
of the transaction is liable nonetheless to the broker; no requirement that a brokerage commission be in writing (GOL 5 - 710 [a][10]-RRB-
An «agency» relationship is a voluntary legal relationship in which a licensed real estate broker or principal broker (the «agent») agrees to
act on behalf of a buyer or a
seller (the «client») in a real estate transaction.
Under the new Rules, dual agency, the practice
of acting on behalf of both the buyer and
seller on the same trade, will be prohibited except in extremely limited circumstances.
Prohibit dual agency, the practice
of acting on behalf of both the buyer and
seller on the same deal, except in extremely limited circumstances.
For example, a brokerage or a designated agent may
act as a sole agent
on behalf of one party (e.g. a
seller) while treating the other party (e.g. the buyer) as a customer.
At the heart
of the issue is the common law
of agency, which is defined as the fiduciary relationship that results when a buyer or
seller hires an agent or broker to
act on their
behalf.
For example, a licensee that
acts on behalf of a buyer in negotiations with a
seller who is attempting to sell their home
on their own can choose the nature
of the relationship the licensee wishes to establish with the
seller.
Licensees
acting on behalf of buyers often rely
on title search documents provided by the
seller or, alternatively, request that the
seller make such documents available for the buyer's review.
Typically, the buyer (or an agent
acting on behalf of the buyer) will instruct the escrow officer to release funds only when all conditions have been met, title insurance has been issued and the
seller's deed has been signed.
New York - based Rockwood Realty Associates LLC negotiated the sale
on behalf of the
seller, Atlanta - based Lend Lease Real Estate Investments Inc., which
acted as adviser to one
of its private clients.
Subagent A party who is authorized to
act on behalf of, traditionally, a
seller's agent, which is to say, an agent for an agent.
It is important to stress that the
seller's / landlord's or the buyer's / tenant's informed consent is required before a brokerage or any
of its related licensees
acts on their
behalf.