The ordinance advances this belief: Some jurisdictions have abandoned the common law rule
of categorizing animals as chattel
property, subject to the complete
discretion of the
owner.
NAR's position is that
owners should be free to evict tenants as long as they stay within the terms
of the lease; inspect
property at their
discretion as long as they give tenants proper notice; and convert the
property to their own personal use or to put it on the market as a for - sale unit.
Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language
of the listing agreement granting to broker «full
discretion to determine the appropriate marking approach» for the listed
properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three
properties sold as a result
of broker's efforts while the listing agreements where in effect;
owner's claims
of breach
of fiduciary duty fail where
owner, builder / developer, did not list all
of its
properties with broker as broker's duty is limited to protecting its principal's interest only with respect to
properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship;
owner's claim
of fraud in the inducement under one
of two listing agreements survives motion for summary judgment