Sentences with phrase «as fiduciary»

As a fiduciary, the realty professional owes the client undivided loyalty, so he or she must put your best interests before all others, including his own.
We'll help you find the perfect home, then negotiate the terms of the deal, and lead the team from contract to closing, acting as your fiduciary the whole time.
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.
As used in this section, the term «dual agent» means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction.
«Single agent» means a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction.
The CRI Society's goal, however, is strictly for the public good: to certify Charter holders as fiduciary participants in the global real estate investment decision - making, implementation, and advisory industries.
As a fiduciary establishment, we strive to make sure your needs take precedence at all times and that you are equipped with the transparency to make the best decisions for your financial situation.
The Realtor's sole job is to act as a fiduciary.
The transaction broker statute provides that transaction brokerage is a limited form of representation where the broker does not represent its client as a fiduciary.
Trump's order will give the new administration time to review the change, known as the fiduciary rule.
Known as the fiduciary rule and set by the Labor Department to take effect in April 2017 — but then delayed by the Trump administration until at least June 2017 and some parts until January 2018 — the rule simply requires people in the financial services industry to put consumers» best interests ahead of their own.
We can argue pros and cons of my attitude to this potential problem until the proverbial cows come home, but the dictates of ORE sales attitudes do not mesh with what the public demands of us as their fiduciary advocates.
If you disagree with the foregoing, you are unfit for the rigours of acting as a fiduciary for your clients.
# 5 - Statistics and Market Trends that are released by MLS Associations or any non-profit serving them, have a legal requirement to protect Buyers as a fiduciary duty and not Sellers ONLY.
Daniels views it as a fiduciary duty to talk with sellers about the effect odors can have on a home sale.
He says his practice mirrors a NATIONAL ASSOCIATION OF REALTORS ® study from several years ago stating that claims most commonly come from buyers and center around accusations of misrepresentation, failure to disclose defects and deficiencies, and failure to perform as a fiduciary.
Your job as a fiduciary advisor to your client is to ensure they remember to investigate every relevant issue, including those they may not think of on their own.
As a fiduciary, a real estate broker will be held under the law to owe certain specific duties to his
As your fiduciary, an agent is held by law to owe specific duties to his / her principal (person who they are representing).
Each spouse, by law, has an obligation to act as a fiduciary for the highest and best good of the community, much like the Trustee of a bank.
The material on this website should not be interpreted as a recommendation or as fiduciary investment advice by Brighthouse Life Insurance Company, Brighthouse Life Insurance Company of NY, or Brighthouse Securities, LLC.
Acting as a fiduciary, the agent plays a vital role in the success of the insurance company.
A similar point of ambiguity arises with respect to the Court's treatment of the relationship between the lawyer's duty of loyalty and the lawyer's status as a fiduciary.
As a fiduciary, you need to let the client know just how much time you'll be spending — explain to the client why less than an hour of work is «worth» $ 1500.
The Supreme Court of Canada set out the importance of this trust in articulating the lawyer as a fiduciary in R v. Neil (2002) as confirmed in Canadian National Railways v. McKercher (2013).
See also the recent article by Alice Woolley, Professor, Faculty of Law, University of Calgary, «The Lawyer As Fiduciary: Defining Private Law Duties In Public Law Relations,» Volume LXV, Number 4, Fall 2015 University of Toronto Law Journal 285.
(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.
(c) the judge knows that the judge, individually or as a fiduciary, or the judge's spouse or minor child residing in the judge's household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding;
(2) While acting as a fiduciary, a judge is subject to the same restrictions on financial activities that apply to the judge in a personal capacity.
The Applicable Date of Compliance provision of this Code addresses continued service as a fiduciary.
(3) The judge knows that he or she, individually or as a fiduciary, or the judge's spouse, domestic partner, parent, or child, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding.
(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.
At paragraph 82, the SCC noted that an actionable wrong can be established with a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.
The claim concerned alleged negligence in the bank's performance as fiduciary asset manager of the pension scheme.
Also, I am obligated to serve as a fiduciary for all trust fund and / or «retainer» amounts that are given to me by a client.
As your fiduciary representative, we will act in your best interests at all times.
L. Rev. 557, 570 (1976)(manager spouse considered as fiduciary and held to same standard as trustee).
In simplistic terms, a person charged with exercising fiduciary duties (commonly referred to as a fiduciary) must discharge their duties with the utmost good faith, care, and the finest loyalty.
The Committee can be expected to play a significant role in the case as a fiduciary body acting on behalf of unsecured creditors generally, but can represent the interests of no creditor individually.
Recently approved rules from the Department of Labor are scheduled for implementation in April of this year, and would require even brokers to operate as a fiduciary when selling 401k, 403b and Individual Retirement Accounts.
As a fiduciary, you can't use the principal for your own personal advantage.
The Massachusetts Appeals Court has determined that a bank, acting as a fiduciary under a family trust, was liable for ignoring the provisions in a lease, which gave the lessee of a Cape Cod property used as a tree stump dump a right of first refusal with respect to purchase of the property.
The other side of that coin is that the Crown, in its capacity as fiduciary for the First Nation's assets should be providing regular reports to the First Nation, much as any other person with a «trust - like» responsibility is expected to report to the would - be beneficiary.
As a fiduciary, a lawyer places the interests of his clients above his own and may not accept a legal fee for doing nothing.
It will surprise no one, for example, to see that the list of topics for the required ethics course developed by the Federation of Law Societies includes the lawyer as a fiduciary, conflicts of interest and confidentiality.
Professor Woolley's academic articles have discussed lawyer billing, the good character requirement for law society admission, the regulation of extra-professional misconduct, legal ethics teaching, access to justice, the regulation of civility, independence of the bar, the lawyer's duties as fiduciary and as an advisor, criminal lawyer ethics and the theoretical foundations of the lawyer's role.
The Court, with reference to Whiten v. Pilot Insurance Co., 2002 Carswell Ont 537, explained that an actionable wrong is «a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.»
The Court focussed on the fact that Mr. Rosetto had already paid for his wrongdoing as a fiduciary because he lost his job and paid damages to the company.
He also performs estate and trust planning and administration, as well as fiduciary claim litigation and ancillary administration.
While at Christie's, Cappellazzo was a steward for the sale of some of the most important collections of our time, and she continues to act as a fiduciary for numerous families, foundations and trusts.
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