present and sign (outside of witnessing) any documents relating to a real estate transaction including service agreements and brokerage
agreements on behalf of the brokerage;
Not exact matches
* As stated in the prospectus (pdf) dated 5/1/2018 ** Pursuant to an operating expense limitation
agreement between Heartland Advisors and Heartland Group, Inc.,
on behalf of the Fund, Heartland Advisors has agreed to waive its management fees and / or pay expenses
of the Fund to ensure that the Fund's total annual fund operating expenses (excluding front - end or contingent deferred sales loads, taxes, leverage, interest,
brokerage commissions, expenses incurred in connection with any merger or reorganization, dividends or interest expenses
on short positions, acquired fund fees and expenses, or extraordinary expenses) do not exceed 1.25 %
of the Fund's average daily net assets for the Investor Class Shares and 0.99 % for the Institutional Class Shares through at least May 1, 2019, and subject to annual re-approval
of the
agreement by the Board
of Directors, thereafter.
Superyacht —
brokerage dispute: instructed
on behalf of a purchaser
of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result
of an alleged wrongful repudiation
of a written
brokerage agreement and as a result
of alleged breaches
of the Respondent's obligation
of confidentiality arising under that
agreement.
Successful representation
of US - based and international clients in federal and state courts in a wide range
of matters, including claims
of breach
of licensing, distribution, franchise, agency,
brokerage, long - term supply and manufacturing services
agreements; cross-border disputes, and trademark infringement actions
on behalf of a fashion house.
RECO CODE
OF ETHICS Section: 14 «If a Brokerage enters into a buyers representation agreement with a buyer and the agreement is not in writing, the brokerage shall, before the buyer makes an offer, reduce the agreement to writing, have it signed on behalf of the brokerage, and submit it to the buyer for signature»
OF ETHICS Section: 14 «If a
Brokerage enters into a buyers representation agreement with a buyer and the agreement is not in writing, the brokerage shall, before the buyer makes an offer, reduce the agreement to writing, have it signed on behalf of the brokerage, and submit it to the buyer for signatur
Brokerage enters into a buyers representation
agreement with a buyer and the
agreement is not in writing, the
brokerage shall, before the buyer makes an offer, reduce the agreement to writing, have it signed on behalf of the brokerage, and submit it to the buyer for signatur
brokerage shall, before the buyer makes an offer, reduce the
agreement to writing, have it signed
on behalf of the brokerage, and submit it to the buyer for signature»
of the
brokerage, and submit it to the buyer for signatur
brokerage, and submit it to the buyer for signature».
The court dismissed the breach
of contract claim, finding that «no provision
of the
Brokerage Agreement created an obligation»
on behalf of Broker to furnish tax advice or structure the transaction in order to avoid capital gains taxes.
Then I told said potential buyers that they were free to engage another salesperson from another
brokerage to act
on their
behalfs re negotiating an
Agreement of Purchase and Sale with me.
If a
brokerage enters into a buyer representation
agreement with a buyer and the
agreement is not in writing, the
brokerage shall, before any buyer makes an offer, reduce the
agreement to writing, have it signed
on behalf of the
brokerage and submit it to the seller for signature.
They are told verbally at first meeting and confirmed in writing, in my prospectus, that should we decide to work together I will require one
on behalf of my
brokerage, the reasons why and that a signed
agreement will cement our relationship when the time is right.
While all members
of the team must be listed as the designated agent, any single member
of the team may execute documents
on behalf of the
brokerage (i.e. all members
of the team are not required to sign the document), providing the
brokerage maintains a signed team
agreement that indicates who has the authority to bind the team.
The
brokerage / team contract must state the team name, that the team members agree to work together
on the team as one designated agent and identify which team members can sign a real estate service
agreement (i.e. SDBA)
on behalf of all other members
on the team.
In this case, there was no written service
agreement outlining remuneration or even confirming the
brokerage was working
on behalf of the buyer.
Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions
of fact exist as to whether broker was the procuring cause
of a commercial tenant and if there was an implied contract which arose from landlord's acceptance
of the benefits
of broker's services; broker must plead and prove a contract
of employment, express or implied, and in the absence
of an express contract, an implied contract may be established in some cases by the mere acceptance
of the labors
of the broker; broker failed to establish that it was a third party beneficiary
of lease
agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease
agreement do provide evidence
of implied contract
of employment with landlord where landlord agreed to indemnify tenant against
brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues
of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers
on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized
(2) By
agreement between the
brokerage and the client, the
brokerage may designate one or more licensees to provide real estate services to or
on behalf of a client as a designated agent, and in such a case, the duties referred to in section 3 - 3
(10) Despite subsection (9), the
brokerage may retain sufficient funds to pay outstanding and anticipated invoices related to expenses incurred
on behalf of the strata corporation before the termination
of the service
agreement.
Based
on the explicit language
of the
agreement, the court ruled that it should have been clear to the Buyers that the
Brokerage was not acting
on their
behalf in this transaction.
In conjunction with the above, the Rules require that: (1) a
brokerage providing strata management services must establish in its service
agreement the
brokerage's scope
of authority to sign cheques and make disbursements
on behalf of its strata corporation clients [section 5 - 1 (5.1)(c)(i)-RSB-; and (2) the service
agreement include a
brokerage's authority to transfer amounts between
brokerage trust accounts maintained for the strata corporation under section 7 - 9 (2)
of the Rules [section 5 - 1 (5.1)(b)(i)-RSB-; Therefore, the Real Estate Council, when investigating complaints or conducting an audit regarding a
brokerage, will look at service
agreements to determine a
brokerage's scope
of authority relative to withdrawal
of funds from trust accounts.
Under designated agency, a
brokerage, with the
agreement of these buyers, may appoint different licensees as the designated agents to act
on behalf of these buyers who are interested in purchasing the same property.
The
brokerage may retain sufficient funds to pay outstanding and anticipated invoices related to expenses incurred
on behalf of the strata corporation before the termination
of the service
agreement.
Revisit and amend any
agreements with third parties to ensure that only licensees are providing real estate services
on behalf of the
brokerage.
how, with the
agreement of a client, a
brokerage may designate one or more licensees to act as designated agents to provide real estate services to or
on behalf of a client; and