Sentences with phrase «broker obligated»

24 DOS 93 Matter of DOS v. Huber - attorney / broker obligated to post signs § 441 - a [3]-RRB-; not obligated to attendcontinuing education

Sotheby's International Realty, Inc. v. Dunemere Assoc. Real Estate (275 A.D. 2d 318)- co-broker entitled to commission from listing broker where written co-exclusive brokerage agreement was orally extended as confirmed by their sworn statements and conduct; listing broker obligated to pay reasonable attorney's fees to owner pursuant to indemnification clause in written listing agreement

Is the listing broker obligated to pay the selling broker the amount originally offered?

Not exact matches

Evidently, he failed to grasp the most important concept of short selling, which is that he's borrowing stock from his broker and he's obligated to give that stock back whenever his broker wants, no matter what it costs him to fulfill that obligation.

Brokers will normally contact multiple lenders regarding your loan application, but they are not obligated to locate the deal that is best for you unless they have contracted with you to act as your agent.

Furthermore as a regulated broker under CySEC, iTrader is legally obligated to be a member of the Investor Compensation Fund as prescribed under the Investment Firms Law 2002.

The reason for such help is not because some home buyers didn't lie on their loan applications, or because some lenders didn't look the other way when borrowers were patently unqualified for big loans, or that banks and brokers on Wall Street were not obligated to check the value of securities and properly report them, rather it was a matter of self - interest — fewer foreclosures mean less downward pressure on local home values, including the value of your home and mine.

Brokers will generally contact several lenders regarding your application, but they are not obligated to find the best deal for you unless they have contracted with you to act as your agent.

The pit broker is obligated to get the best possible price for the customer.

Often when you start working with a mortgage broker in person, even if the person isn't doing the best job for you, you start to feel obligated to continue to work with the person.

Some real estate companies offer an in - house mortgage broker as part of their suite of services, but you're not obligated to go with that company or individual.

If a «no advice» discount broker is a member of a major stock exchange, does that typically obligate the broker to accept client orders for all stocks, ETFs, etc. listed on the exchange?

Purchasing an option it does not obligate you to buy or sell the underlying stock, but your broker may automatically exercise the option at expiration under certain conditions.

Whether you're looking to refinance your current mortgage or are on the hunt for your first home, a mortgage broker is obligated to look out for your best interests.

This contract is to permit consumers to understand a broker's functions and fees before becoming obligated to use the broker's services.

«Brokers... are not obligated to find the best deal for you unless they have contracted with you to act as your agent.

That was it, I was not obligated to do the repairs he asked for that I told him, through his broker, that I would not do.

I would assume this would prompt a red flag to the IRS given my broker would be obligated to report such quarterly.

Anyone selling insurance, whether it is an insurance company, insurance broker, or insurance agent, is obligated to ensure consumers purchasing policies understand the available options and choices for insurance coverage.

Your agent or broker is obligated to obtain the insurance coverages you have elected.

If your broker works on commission, the fee structure may change, and they'll be obligated to give you advice that could lead to better financial decision making without any conflict of interest.

Seller X responded that REALTOR ® A, the listing broker, had previously mentioned the possibility of a referral and that Seller X felt obligated to be referred by REALTOR ® A, if by anyone.

The original Code obligated members to cooperate with each other, respect relationships between brokers and clients, and use arbitration to resolve differences.

«Loyalty obligates an agent to act at all times, solely in the best interests of their client, excluding all other interests, including that of the broker.»

The duty of disclosure obligates a real estate broker

obligates a real estate broker to act at all times solely in the best interests of his principal to the exclusion of

In response to the second question in the December 2004 «Ethics» column (««Exclusive» defined,» page 24), I believe that once the listing salesperson informed the buyers with whom he was working of the other buyers» offer and encouraged them to raise their offer, the salesperson was obligated to provide the same information to the cooperating broker and his clients.

First, the court ruled that because the sellers were obligated by contract to pay compensation only to the listing broker, they had no contractual relationship with the buyer's rep and so could owe no compensation.

This ruling was upheld by the Appellate Court, which found that the tenant was a prospective buyer and the listing agreement obligated Cryder to refer all prospective purchasers to the listing broker.

It obligated members (who wouldn't be known as REALTORS ® until 1916) to «be absolutely honest, truthful, faithful and efficient»; to «obtain sole agency, in writing»; to «respect the listings of his brother agent, and to co-operate with him to sell»; to «advise an owner to renew a selling contract with some other agent, rather than solicit the agency»; to «always speak kindly of competitors»; to «always be loyal, square, frank and earnest in matters that require the co-operation of other brokers»; to «advertise nothing but facts»; and to «give an honest opinion concerning a competitor's proposition when asked to do so by a prospective purchaser, even though such opinion will result in a sale by the competitor.»

Article 3 obligates REALTORS ® to cooperate with other brokers to promote our clients» interests.

Remember, however that until you enter into a representation agreement with the brokerage firm, you are considered a customer and the brokerage firm can not be your advocate, can not advise you on price or terms, and only provides limited confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency; broker is obligated to supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and salesperson each to pay $ 250 fine

Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to the meaning of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-contract because there exists a valid and enforceable written contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.

Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.

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

Helmsley - Spear, Inc. v. Kupferschmid (301 A.D. 2d 442)-- no commission was due where sale of the subject property and broker's commission were contingent upon the satisfaction of the condition which went unsatisfied through no fault of the seller; broker failed to produce a buyer ready, willing and able to purchase the property on terms acceptable to the seller where the «marked - up» contract returned to seller by the buyer's lawyer constituted a counteroffer which seller did not, and was not in good faith obligated to, accept.

Mortgage Brokers may not be obligated to find you the best rate unless you have contracted with them to act as your agent.

It should be noted that the Department of State is insistent that the broker's client must be advised if the party obligated to make deposits does not do so in a timely fashion.

Note, however, that brokers are not obligated to find the best deal for you.

It is not a contract, and in no way obligates you to work with that particular agent or his / her broker.

The listing broker works for the seller of the house, and is obligated to get them the best price.

Also, it's important for us to remember that the listing broker isn't obligated to compensate cooperating brokers or agents.

«But brokers are obligated to create a culture to which people want to come.

A BPO, as originally intended, does not comply with USPAP, and real estate brokers are not obligated to comply with USPAP and its corresponding appraiser independence requirements.

You may not instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental, because the real estate professional is also obligated not to discriminate.