Sentences with phrase «as dual agents of»

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.

Here, Broker CB acted as the dual agent of buyer and seller.

Not exact matches

According to Hartshorne's principle of dual transcendence, God is unsurpassable as both agent and as patient.

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 best evidence for the treatment of centralized pain conditions include centrally acting agents like dual uptake inhibitors, and anticonvulsants, as well as exercise and cognitive behavioral therapy, authors write.

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.

Lawrence, the director, conjures compelling evidence for Dominika's dual allegiances — her growing relationship with the American agent feels convincing, but the punishingly brutal regime of Charlotte Rampling's stern matron throws doubt into the mix as Lawrence, the actor, is put through the wringer.

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.

To play the dual role described above and serve as organizational change agents, coaches must not only have a strong understanding of specific subject matter and research - proven instructional strategies, but must also possess the ability to form positive, productive relationships through open communication and trust.

Thousands of top professional financial advisors, insurance agents, money managers, and financial planners mostly use our Dual RWR retirement planner software as their primary sales tool.

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.

Unless the state specifies otherwise, a dual agent can legally contact either client, as the buyer and the seller are the clients of either agent.

(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 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.

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.

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

And yet 30 - 40 % of the time they can not use these skills when acting as a dual agent.

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.

The buyers sued the sellers and the two sales associates, a team acting as disclosed dual agents, claiming they had knowingly violated the federal Residential Lead - Based Paint Hazard Reduction Act of 1992.

Answer: As either a dual agent or if you are giving them customer service, you can not disclose the motivation of the seller.»

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.

And yet we ask consumers to allow us to represent them as Dual agents essentially meaning that we are offering clients a diminished level of services, and yet we as REALTORS expect to be paid our full commission.

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.

The main difference between today's role of the brokerage as a dual agent, and the proposed role of the brokerage as a transaction facilitator, is that this is the role of the brokerage that would be established from the outset, either when a listing is taken or a buyer agency agreement is signed.

Just as the informed consent of both parties is required today before a licensee may act as a dual agent, informed consent would be required before a licensee could act as a transaction facilitator.

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 court held that a broker's actions and words to a prospective purchaser may be sufficient to establish an agency relationship, and that a broker acting as an undisclosed dual agent may be held liable for breach of fiduciary duties and unfair dealing.

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.

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.»

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.

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 agent.

Agents doing dual agency transactions should take special care to make clear all existing relationships that could be perceived as conflicts of interest.

Under brokerage agency, when the brokerage is acting as a limited dual agent, the brokerage and these competing clients have agreed that the duties and obligations of the brokerage and its related licensees are to be limited.

For licensees providing trading services, if they are acting either as a buyer's agent or as a limited dual agent, they will likely be receiving remuneration from someone other than their buyer client as a result of providing the real estate services.

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.

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.

If an agent begins to tell you the «advantages» of dual agency, it is time to walk away as it is misleading and inaccurate to «sell» this terrible conflict of interest as a plus.

More subtle forms of dual agency happen when, for example, a real estate agent represents one client as the listing agent, finds a buyer for the home, and signs a listing agreement with the buyer to help her sell her home, so she can buy the agent's listing.

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

As others have said each state has its own rules... That being the case there is three types of agents, listing agent (sellers), buyers agent, and a dual disclosure agent.

«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.

Licensee acting as dual agent could be liable for failing to act in the best interest of the potential purchaser.

As a limited dual agent, a licensee who is acting on behalf of both clients should remember the key elements to correct conduct as a limited dual agenAs a limited dual agent, a licensee who is acting on behalf of both clients should remember the key elements to correct conduct as a limited dual agenas a limited dual agent:

Never agree to act as an unrepresented buyer's limited dual agent without first obtaining the express consent of your seller - client.

Licensees should also be aware that when acting as a limited dual agent in a transaction where the parties to a contract have entered into a limited dual agency agreement, that agreement specifically modifies the duty of confidentiality and provides that licensees have a duty to disclose information to both parties in a transaction, subject to three exceptions as follows: