Not exact matches
With regards to broker liability against a consumer complaint, some associations and MLSs have added language to their
exclusive listing
agreements to try to
avoid such liability.
MSA document: 1) State that there is no
agreement or understanding regarding referrals, 2)
Avoid «
exclusive» and «preferred» language, 3) Do not pay for «direct sales pitches» to particular customers, 4)
Avoid paying for «access».
DiStefano v. Rosetti - Falvey Real Estate, Inc. (270 A.D. 2d 631)- broker's cause of action survives motion to dismiss where broker alleges that principal engaged in dealings directly with tenant's agent and that his principal waited until the
exclusive listing
agreement expired before leasing the property to the tenant in order to
avoid paying the broker's commission; bad faith exception