Sentences with phrase «done by real estate brokers»

Not exact matches

(B) «Credit repair services organization» does not include: (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States; (ii) Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation; (iii) Any nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986; (iv) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (v) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney; (vi) Any broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker - dealer is acting within the course and scope of those regulatory agencies; or (vii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681 - 1681t).
(1) The following shall be exempt from the Credit Services Organization Act: (a) A person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act, 12 U.S.C. 1701 et seq.; (b) A bank or savings and loan association whose deposit or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or a subsidiary of such a bank or savings and loan association; (c) A credit union doing business in this state; (d) A nonprofit organization exempt from taxation under section 501 (c)(3) of the Internal Revenue Code; (e) A person licensed as a real estate broker or salesperson under the Nebraska Real Estate License Act acting within the course and scope of that license; (f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (h) A consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 - 1real estate broker or salesperson under the Nebraska Real Estate License Act acting within the course and scope of that license; (f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (h) A consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 -estate broker or salesperson under the Nebraska Real Estate License Act acting within the course and scope of that license; (f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (h) A consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 - 1Real Estate License Act acting within the course and scope of that license; (f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (h) A consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 -Estate License Act acting within the course and scope of that license; (f) A person licensed to practice law in this state acting within the course and scope of the person's practice as an attorney; (g) A broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (h) A consumer reporting agency; (i) A person whose primary business is making loans secured by liens on real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 - 1real property; (j) A person, firm, corporation, or association licensed as a collection agency in this state or a person holding a solicitor's certificate in this state acting within the course and scope of that license or certificate; and (k) A person licensed to engage in the business of debt management pursuant to sections 69 - 1201 to 69 - 1217.
«Credit Services Organization» does not include any of the following: (i) a person authorized to make loans or extensions of credit under the laws of this State or the United States who is subject to regulation and supervision by this State or the United States, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.); (ii) a bank or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or a subsidiary of such a bank or savings and loan association; (iii) a credit union doing business in this State; (iv) a nonprofit organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, [FN1] provided that such organization does not charge or receive any money or other valuable consideration prior to or upon the execution of a contract or other agreement between the buyer and the nonprofit organization; (v) a person licensed as a real estate broker by this state if the person is acting within the course and scope of that license; (vi) a person licensed to practice law in this State acting within the course and scope of the person's practice as an attorney; (vii) a broker - dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (viii) a consumer reporting agency; and (ix) a residential mortgage loan broker or banker who is duly licensed under the Illinois Residential Mortgage License Act of 1987.
As a result, most consumers will be bombarded at home and at work by real estate mortgage brokers, who 9 times out of 10, do not lend on mobile homes.
More housing news: Most real estate professionals don't believe home values will rise in the next six months, according to a survey of 750 agents and brokers released today by Emeryville real estate website HomeGain.
As a result, most consumers will be bombarded at home and at work by real estate mortgage brokers, who 9 times out of 10, do not lend on manufactured homes.
After being turned down by other landlords (who didn't want a cremation service in their industrial park), commercial real estate broker Lesley Newman of Pacific Continental Realty found the perfect location in the Squalicum Business Park (later renamed Orchard Business Park).
Neither the trade association, the Florida Association of Realtors / Florida Realtors, nor the state licensing agency, the Florida Real Estate Commission, is responsible for making sure that damages done to someone by a rogue real estate agent or broker here in Florida are recovered from the bad acReal Estate Commission, is responsible for making sure that damages done to someone by a rogue real estate agent or broker here in Florida are recovered from the bad Estate Commission, is responsible for making sure that damages done to someone by a rogue real estate agent or broker here in Florida are recovered from the bad acreal estate agent or broker here in Florida are recovered from the bad estate agent or broker here in Florida are recovered from the bad actor.
«A broker from outside Québec who is not an OACIQ licence holder and who markets a property located in Québec, particularly by posting it on a website such as Realtor.ca, commits in principle an illegal practice offence under the Real Estate Brokerage Act.Therefore, this is not a new guideline since CREA was first informed back in April 2011 that the marketing of a property in Québec done through an intermediary constitutes a real estate brokerage transaction that requires a person to be holder of a realtor's license issued by the OACIQ.&raReal Estate Brokerage Act.Therefore, this is not a new guideline since CREA was first informed back in April 2011 that the marketing of a property in Québec done through an intermediary constitutes a real estate brokerage transaction that requires a person to be holder of a realtor's license issued by the OACIQ.&Estate Brokerage Act.Therefore, this is not a new guideline since CREA was first informed back in April 2011 that the marketing of a property in Québec done through an intermediary constitutes a real estate brokerage transaction that requires a person to be holder of a realtor's license issued by the OACIQ.&rareal estate brokerage transaction that requires a person to be holder of a realtor's license issued by the OACIQ.&estate brokerage transaction that requires a person to be holder of a realtor's license issued by the OACIQ.»
(8) Is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the broker undertakes primarily to promote the sale, exchange, purchase, rental, or leasing of real estate through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both, except that this division does not apply to a publisher of listings or compilations of sales of real estate by their owners;
Comparative market analysis: A study done by real estate sales agents and brokers using active, pending, and sold comparable properties to estimate a listing price for a property.
The Texas law does provide numerous exceptions, including the use of drones by «a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property.»
It has also allowed me to expand my business network and make valuable relationships with other commercial brokers around the U.S. I started in real estate by doing marketing for a company, which lead to an appraisal position.
Quebec real estate brokers are showing that real estate is not a kids» game in a new province wide campaign that features children doing jobs usually handled by professionals.
The individual, who did not have a real estate broker's or associate broker's license, holds the designation ABR ®, Accredited Buyer Representative, awarded by the Real Estate Buyer's Agent Council, a wholly owned subsidiary of real estate broker's or associate broker's license, holds the designation ABR ®, Accredited Buyer Representative, awarded by the Real Estate Buyer's Agent Council, a wholly owned subsidiary oestate broker's or associate broker's license, holds the designation ABR ®, Accredited Buyer Representative, awarded by the Real Estate Buyer's Agent Council, a wholly owned subsidiary of Real Estate Buyer's Agent Council, a wholly owned subsidiary oEstate Buyer's Agent Council, a wholly owned subsidiary of NAR.
Mortgage broker Peter Kinch starts off this book by asking the most basic question of real estate investors: why do you want to do this?
More than 200 real estate brokers registered for the first seminar about flooding and real estate organized by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ).
The OACIQ maintains DuProprio acts in a matter similar to that of real estate brokers and by doing so confuses the public
Centract says the new network «meets the needs of real estate brokers, agents and consumers by doing the due diligence that was necessary to assemble a network of fully trained, field - tested and professional home inspectors that real estate professionals and consumers can trust.
The OACIQ maintains DuProprio acts in a matter similar to that of real estate brokers and by doing so confuses the public, which can be left unprotected if troubles arise in the selling or buying of a home.
So when you're asked what you do for a living, you should describe your profession by saying you're a real estate broker or salesperson.
With respect to trust accounts, the amended statute provides that real estate brokers and licensed real estate property managers may not commingle funds in a client trust account, with the exception of compensation earned in connection with a real estate sale, purchase, or exchange transaction.2 Commingling is defined as «the mixing of funds from any source, including personal funds, with trust funds... by a licensed real estate property manager or principal real estate broker.3 Licensees do not need to create a trust account when acting only as a courier conveying a check payable to the seller from the purchaser.4
And that upon checking with CRA, they have no record of an agent who calls himself a broker, and by the way, the CRA person had no idea what the real estate council is, never heard of them (he didn't speak much English; and that is absolutely not a racial remark, it is a fact of life), but in fact the so - called fellow is just a salesperson.
The court held that by charging a separate fee for closing services in an ordinary real residential real estate transaction which presented neither difficult nor doubtful questions, the broker did not engage in the unauthorized practice of law.
The court held that a default on a lease by the tenant produced by the real estate broker did not affect the broker's right to recover commission.
This is done thousands of times a day by real estate agents and most states allow a RE Broker to facilitate a transaction in connection with a property sale that involves seller or privately financed notes (with that note being sold or not) without a mortgage broker license.
I do think, in many cases though, the Real Estate Brokers are encouraged by the banks they are working for.
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
L.B. Kaye International Realty Commercial Svcs., Inc. v. 100 Varick Realty (15 A.D. 3d 176) judgment awarding plaintiff real estate broker damages in the principal amount of $ 133,761.00 affirmed; appellate court does not disturb trial court's finding that defendant intentionally excluded broker from exercising the exclusive leasing rights it obtained under the brokerage agreement thereby entitling broker to full commission when defendant leased the premises covered by the agreement on its own.
Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with contract where defendant submitted sufficient proof by affidavit of its director of real estate which averred that it did not intentionally seek the procurement of the breach of contract and where broker failed to present sufficient evidence to raise triable issues of fact
But in real estate, it takes an experienced team leader or broker to spot impending burnout and address it by offering better support so another brokerage with better support doesn't swoop in and snatch your most productive team members.
287 DOS 98 Matter of DOS v. Uqdah Realty & Management Corp. — deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure of agency relationship; broker violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit amount; broker engaged in fraudulent practices when he illegally retained buyer's trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate real estate broker vicariously liable and charged with actual knowledge of violation of law because of representative broker's cognizant misconduct as corporate officer; broker is not required to deposit a refundable commission in an escrow account unless contractually demanded; corporate broker and representative broker's license revoked; restitution of deposit of $ 12,000 plus interest; notary public commission revoked based on misconduct as a real estate licensee
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
594 DOS 01 DOS v. Walker - deposits; failure to appear at hearing; failure to pay judgment; failure to cooperate with DOS investigation; notary public; proper business practices; broker commingles funds by placing deposits in operating account; broker allows escrow account to be overdrawn on numerous occasions; broker uses deposit for separate, unrelated business investment; broker fails to pay judgment without presenting an explanation or excuse for failure to pay judgment; broker fails to cooperate with DOS investigation by failing to respond to and comply with letter directing him to appear for a conference and to provide certain documents; broker fails to notify DOS of new address upon closing office; DOS fails to prove that salesperson improperly held herself out to be real estate broker associated with corporate broker, that the broker made misrepresentations to the purchasers regarding payments they were required to make toward the purchase, that some checks were returned for insufficient funds, that the broker failed to make certain required payments, that the broker properly failed to make certain other deposits and that the broker gave a postdated deposit check which could not be cashed due to insufficient funds; representative broker's and corporate broker's licenses revoked, return of deposits in the amount of $ 400.00 and $ 3,173.83 ordered with interest, civil judgment to be fully satisfied; salesperson fined $ 1,000.00 and notary commission suspended for four months
214 DOS 97 Matter of DOS v. Laymon - accounting to client; bad check; deposits; failure to pay judgments; proper business practices; jurisdiction; DOS retains jurisdiction after expiration of license (for failure to pay renewal fee) where acts occurred during licensure; violation of 19 NYCRR 175.1 by depositing clients» funds into operating account and failing to maintain special bank account; violation of 19 NYCRR 175.2 for failing to account to client; broker engaged in fraudulent practices by accepting monies he was required to retain in escrow, depositing said monies into his operating account, failing to return same to its rightful owner and by purporting to make refunds by issuing bad checks; in light of broker's financial inability to do so, failure to promptly satisfy judgments was not a demonstration of untrustworthiness; there was no violation of 19 NYCRR 175.3 (b) where broker was not managing rental properties; real estate broker's license revoked; reapplication for broker's license conditioned upon proof of payment of restitution with interest and proof of satisfaction of judgment with interest
730 DOS 02 DOS v. New World Realty of New York, Inc. — availing of license; deposits; disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an associate broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real estate broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative broker availed corporate real estate brokers license to salesperson; representative broker failed to properly supervise salesperson by permitting and authorizing salesperson to act as a real estate broker; broker and salesperson failed to make agency disclosures and failed to deposit funds of principal in a special bank account; real estate transaction conducted was a fraudulent business practice; DOS fails to prove the unauthorized practice of law; salesperson's license revoked and salesperson ordered to pay refund of $ 1,406.00 of illegal commission collected; representative broker's license revoked and broker ordered to refund $ 74.00 of illegal commission collected; representative broker fined $ 5,000.00
960 DOS 03 DOS v. Vazquez - deposits; unlicensed activity; duty to supervise sales associate; failure to cooperate with DOS investigation; failure to pay judgment; sanction; broker fails to reply to DOS's request for information; broker allows two individuals to work in association with brokerage without being properly licensed; broker fails to pay judgment; broker fails to return rental deposits in two transactions where the rental was not consummated; broker fails to supervise sales associate and is accountable for monies received by salesperson and unaccounted for; in setting penalty, it is proper to consider licensees were found to have availed themselves of improper licensed real estate salespersons and to have retained an unearned commission; corporate broker's license and representative broker's license revoked and brokers ordered to pay restitution in the amount $ 7,725.00 and judgment in the amount $ 740.37
Kreuter v. Tsucalas (287 A.D. 2d 50)- negotiation of a lower payoff figure for an existing mortgage does not constitute regulated real estate activities as defined in Real Property Law § 440 which includes negotiation or offering or attempting to negotiate a loan secured or to be secured by a mortgage; mortgage broker entitled to commission pursuant to agreement for negotiating a lower mortgage pareal estate activities as defined in Real Property Law § 440 which includes negotiation or offering or attempting to negotiate a loan secured or to be secured by a mortgage; mortgage broker entitled to commission pursuant to agreement for negotiating a lower mortgage paReal Property Law § 440 which includes negotiation or offering or attempting to negotiate a loan secured or to be secured by a mortgage; mortgage broker entitled to commission pursuant to agreement for negotiating a lower mortgage payoff
Nebraska law does not require the use of a licensed real estate broker for the sale or lease of real estate by the owner of the property, but we do recommend that you consult with or utilize the services of a licensed real estate broker or salesperson to facilitates the sale or an attorney for legal advice if you have questions or are uncertain about the process.
Last Update: 02/22/16 Florida law requires that all real estate brokers and real estate agents not only get licensed by the State of Florida in order to do business here, but that they keep up those licenses with through continuing education.
380 DOS 03 Donati v. DOS — prior misconduct; reconsideration; res judicata; applicant's prior license as a real estate broker was suspended by administrative decision (50 DOS 94) requiring respondent to pay restitution as a condition of consideration of any application by the applicant for a license under Article 12 - A; prior administrative decision is binding both upon the applicant and the tribunal; tribunal must consider, however, whether under current circumstances, the continued imposition of the condition is unreasonable; applicant is 62 years of age, has been divested of all property, faces destitution and seeks to work as a salesperson under the direction and supervision of a broker; applicant admits the unlawful acts, expresses remorse and states that under the current circumstances, the prior decision is a «life sentence;» under the current circumstances, the continued imposition of the prior decision is unreasonable; application for real estate salesperson license granted
In other words, you get the benefit of the services provided by a real estate broker, and you get that benefit for free if you ultimately do not sell or buy a home.
(6) When required in writing to do so by a salesperson formerly associated with a supervising broker, the supervising broker shall promptly provide the former salesperson with a certified statement on the form prescribed by the board, identifying all real estate transactions in which the salesperson was involved in connection with the salesperson's association with the supervising broker, within the three years preceding the request.
7 DOS 00 DOS v. Flagship Marketing Group - availing of license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not licensed at the time of the hearing where, at that time the complaint was served, the party was (i) licensed, (ii) an applicant for a license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any licensed real estate brokerage corporation with which the salesperson is associated; representative real estate broker availed the corporate broker license to an associated salesperson where the office was operated by the salesperson without the direct supervision of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real estate broker engaged in fraud by availing the corporate real estate broker license to a salesperson; representative broker's availing of corporate broker's license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00
Consent Order 96 - 0004, Matter of Bernstein - Failure to notify DOS of change of principal business address; failure to renew license after expiration; acting as real estate broker without license; failure by licensee to disclose to seller licensee's interest as a principal in corporate buyer client; $ 2,000.00 fine
38 DOS 98 Matter of DOS v. Hargrave - proper business practices; unlawful for real estate broker licensed in her individual name to operate under an assumed named without license under the assumed name; licensee immediately ceases to operate under assumed name upon being so advised by DOS investigator; no evidence presented of any harm to the public arising out of violation; broker reprimanded
4 DOS APP 02 Matter of DOS v. Hecht - business practices; commissions; broker's past acts can not be used against him as evidence of repeated misconduct on a charge of illegal business practices where such conduct is being now first reviewed for untrustworthiness; charging fees in excess of professional norms, absent a showing of unique services offered above and beyond those services normally rendered by a real estate broker, demonstrates untrustworthiness; broker's current commission rates are far in excess of rates established by custom and usage; ALJ's decision modified, license suspended until one month after broker refunds amount in excess of rates established by custom and usage
For instance, what happens when you are faced with a situation where the real estate professional is not properly licensed by the State of Florida to do business here as a broker or agent.
Penrose, CRS ®, GRI, an associate broker with Melcher Agency Real Estate in Phoenix, went with the classic approach to converting FSBOs: He cultivated the Creers» trust by providing useful information and then was ready to help when they realized they couldn't do it alone.
ICIWorld is supported by the licensed real estate brokers and salespeople of the world except where we do not have members in an area then principals may join for a one year term until we do have members in the area to provide service.
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