Sentences with phrase «as dual agent in»

The potential purchaser and seller entered an agreement, with the listing broker acting as dual agent in the transaction.

Cynthia Curley («Buyer») made an offer to purchase the property, and Adams sent the Buyer a dual agency form asking her to acknowledge that Adams would serve as a dual agent in the transaction.

Next, she must determine whether Sam Seller has agreed to let her act as a dual agent in the transaction and obtain his full, written consent to Rita's new role.

The licensee disclosed that he had previously represented the seller in buying that property, and he would act as dual agent in the transaction.

The purchaser and seller agreed that the broker, through its associated licensees, would act as dual agent in the transaction for a luxury home.

The Broker and Salesperson also concluded that they could act as dual agents in the transaction.

«The partnership with my brother is structured where he works exclusively for our buyers and I serve all of our sellers.We have made the decision not to act as dual agents in order to always be able to represent our client's best interest.

Not exact matches

The first four of the mistakes are of the same class in that each violates «the principle of dual transcendence» by failing to conceive that God is not only transcendent and unsurpassable as an «agent» with power to be the cause of events, but also that God is transcendent and unsurpassable as «patient» in having a uniquely excellent capacity to be an effect.

The same reason; glutathione has a dual function as a detoxification agent, meaning that heightened levels gives more fuel to the relentless operation of hunting down all the unwanted toxins in the bloodstream.

There's also a fairly needless subplot involving a TSA agent, played by LilRel Howery, who dual - functions as an exposition delivery system and a tension - breaking comic - relief sidekick; it's the only part of the movie that betrays Peele's sketch - comedy roots, plainly visible in his script for last year's Keanu.

Working from the dual vantage points of South Africa and Europe, the project considers plants as both witnesses and actors in history, and as dynamic agents — linking nature and humans, rural and cosmopolitan medicine, tradition and modernity — across different geographies, histories and systems of knowledge, with a variety of curative, spiritual and economic powers.

Working from the dual vantage points of South Africa and Europe the project shows plants as witnesses and actors in history, as dynamic agents linking nature and humans, tradition and modernity — across various geographies, histories and knowledge systems.

The court found that the agent did not review the dual agency provision with the seller and had not informed her in writing and prior to the offer being presented, as the commission agreement specifically required her to do.

(2) The designation of one or more licensees as a designated agent does not constitute dual agency under this section unless the licensee designated as the designated agent represents the parties referred to in paragraph (a), (b), (c) or (d) of the definition of «dual agency» as clients in respect of a trade in real estate.

«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.

In this decision, the California Supreme Court considered the duty owed by a listing broker to the buyer when the broker is acting as a dual agent.

In the 1990s states began adopting legislation that established the designated and disclosed dual agency models and outlined the duties of practitioners based on the role they were assuming, such as seller's agent, buyer's agent, dual agent, or transaction facilitator.

The appellate court concluded that the potential purchaser presented some evidence showing that the licensee may not have acted in the would - be purchaser's best interest as dual agent.

My greatest concern would be for the liability of the dual agent (in the same office as the listing agent) deemed to have the knowledge and, in dual agency jurisdictions, unable to act under the umbrella of a transaction brokerage as a designated agent.

I found this article a lot of what if and conjecture, and frankly insulting to the majority of ethical and hard working Realtors, I have 29 years experience as a Realtor and have found that when both parties to the transaction are fully informed an agreement can be reached regardless of a dual or single agent representation, this needless to say requires the skill and a commitment to help both parties come to the best possible agreement in a non adversarial way, remember the golden rule.

The Montana Association of REALTORS ® filed an amicus curiae brief arguing that because the state's law permits licensees to act as dual agents of the buyer and the seller and «act solely in the best interests» of both parties, a buyer's representative should be able to represent two bidders in the same manner.

Realtors should bear in mind as well that in Asia, dual agency — where one agent represents both buyer and seller — tends to be the rule rather than the exception.

In the transaction, the mother and daughter licensees acted as dual agents for both parties.

Rather, NAR has advocated clarity in the states» requirements for «informed consent» to assure that those brokers electing to serve as dual agents know how to comply with the law.

The Alabama Supreme Court has ruled that a salesperson who acted as a dual agent for both the buyers and sellers in a transaction had a fiduciary duty to make accurate statements to buyers when questioned about a property.

If any of these agents was acting as a Dual Agent they are clearly in big problems if challenged by the Seller.

Rita I am wondering if it is a wise idea to attend the home inspections if you are acting as a dual agent or even in single agency.

Even if one of those other licensees has long before established an agency relationship with a buyer, if that buyer becomes interested in any of the brokerage's listings, both the seller and the buyer must first agree for their respective licensees and the brokerage to act as dual agents before the seller and buyer can begin negotiating the transaction while using the assistance of those two licensees.

To act as dual agents, both licensees and the brokerage must now become impartial, neither advocating the interests of the seller or the buyer, nor providing any advice to either party that would be in conflict to the interests of the other party.

The ATF considered designated agency to be a positive alternative to in - house dual agency when there is a licensee acting as sole agent for the seller, another licensee engaged by the same brokerage who is acting as sole agent for a buyer, and the buyer becomes interested in the property offered for sale by the seller.

The brokerage would not start out, as it does today, as the sole agent for one of the parties, with every licensee engaged by the brokerage taking on the same status, and then have to strip away many of its agency obligations (and simultaneously stop being able to provide the agency services it initially offered) to become an impartial dual agent in an «in - house» transaction.

In this scenario it is assumed that the rebate back to the buyer will be 2.5 % of the purchase price (50 % of the total commission) upon closing, leaving the brokerage with a net 2.5 % of the purchase price for its role as a dual agent.

The defendant real estate broker acted as dual agent for both parties in a real estate transaction.

A majority of states allow a real estate professional to represent both sides in the transaction as a «dual agent» if the clients consent to the relationship.

To further complicate matters, in many states, REALTORS ® working as dual agents are prohibited by law from negotiating on behalf of either client.

Also called, among other things «appointed agency,» this is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as agents of the seller, and which will act as agents of the buyer, without the individual licensees being dual agents.

Alabama's highest court has considered whether a real estate broker serving as disclosed dual agent could be liable to buyers for alleged misstatements made to the buyers about the property's presence in a flood plain even when the buyers were given a survey at closing which showed that the property was in the flood plain.

In an unreported decision, a California appellate court reversed an award made in favor of the former property owner because it determined that a commercial real estate broker was not responsible for property sale not closing, despite the fact the broker erroneously valued the property and also acted as an undisclosed dual agenIn an unreported decision, a California appellate court reversed an award made in favor of the former property owner because it determined that a commercial real estate broker was not responsible for property sale not closing, despite the fact the broker erroneously valued the property and also acted as an undisclosed dual agenin favor of the former property owner because it determined that a commercial real estate broker was not responsible for property sale not closing, despite the fact the broker erroneously valued the property and also acted as an undisclosed dual agent.

Therefore, limited dual agency in designated agency occurs only when the same licensee or licensees have been designated as the designated agent to represent two different clients who have conflicting interests; e.g. who become interested in negotiating with respect to the same real estate.

In other words, licensees acting for a buyer or as a limited dual agent will be receiving remuneration from the seller and not from their buyer client.

As discussed in the question above, a brokerage acting as a dual agent, whether through one licensee or two or more licensees of the same brokerage, receives its remuneration (typically) by way of the listing contract it has entered into with the selleAs discussed in the question above, a brokerage acting as a dual agent, whether through one licensee or two or more licensees of the same brokerage, receives its remuneration (typically) by way of the listing contract it has entered into with the selleas a dual agent, whether through one licensee or two or more licensees of the same brokerage, receives its remuneration (typically) by way of the listing contract it has entered into with the seller.

But as Hunt and many other agents see it, a dual agent, privy to what's motivating each side, is in a position to more swiftly and efficiently get a deal done

If a property isn't listed in the MLS, critics say, the listing agent or brokerage is more likely to also represent the seller — a situation that's often defined by state law as «dual agency» representation.

Both Horiike's agent and the listing agent worked for Coldwell Banker, so the brokerage was the dual agent of the buyer and seller, as confirmed in the disclosure forms Horiike signed.

Dual agency is where the agent must suddenly and with little warning abandon their clients and where they are prohibited from advising their clients on negotiating price, terms or on any other matter that could be construed as a detriment to either party — in other words, the agent can't really do anything.

I specialize in a niche market and often act as a dual agent.

73 DOS 95 Matter of DOS v. Marotta - consolidation of actions; dual agency; disgorgement of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct of parties; dual agency allowed upon full disclosure and informed consent of both buyer and seller; no commission earned by broker where breach of fiduciary duty; refund unearned commissions

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

If an agent is a dual agent he / she can represent both parties but there are rules to what they can disclose to the parties and may not act in eithers interest but rather as an intermediary.

Roger Yost («Salesperson») was the real estate professional who acted as a disclosed dual agent for both parties in the transaction.