Hon. Bradford lists a history of cases where
agencies use this clause and «public policy» concerns to limit recovery.
Not exact matches
(A)
Agency - prescribed provisions and
clauses permitted by TAR and
used on a standard basis (i.e., normally
used in two or more solicitations or contracts regardless of contract type) shall be prescribed and contained in the TAR.
The
clause addressed the fact that if Apple was
using agency (with publishers setting prices) while Amazon was
using the wholesale model (with Amazon setting prices at $ 9.99), Apple's prices wouldn't be competitive.
For now, in addition to having to tear up their existing «
agency pricing» contracts, the settling publishers will also be forbidden from restricting retailers» discounting and
using «most favored nation»
clauses in their contracts.
YLAL co-chairs Ollie and Rachel
used their column in Legal Action magazine to talk about our plans to update our research on the state of access to the profession and YLAL committee member Gemma Blythe wrote for Solicitors Journal about the Legal Aid
Agency's agreement to clarify the remit of the»em barrassment
clause».
Most
clauses still
used today are weak and feeble created to allow the continuation of Dual
Agency or the Double Commission practice, that remains fully embraced by Organized Real Estate and all it's associations in Canada.
649 DOS 02 DOS v. Holzbach — disclosure of
agency relationships; proper business practices; sanctions; unauthorized practice of law; vicarious liability; broker fails to timely provide
agency disclosure form to buyer although disclosure form could have been faxed to and received from buyer; broker back dated
agency disclosure form demonstrating incompetency;
use of designated agent form without the
use of required
agency disclosure form pursuant to RPL § 443 (4);
use of «removal of contingency» addendum to contract which did not contain an attorney approval
clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00
79 DOS 99 Matter of DOS v. Pagano - disclosure of
agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with
agency disclosure form prior to entering into listing agreement and fails to timely provide
agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by
using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive
agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to
use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture
clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a
clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in
using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in
using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained