In the letter, which was
drafted by the broker and signed in his presence, no mention was made of the broker's commission.
The counter offer was
drafted by the broker and reads as follows:
The offer was
drafted by the broker and contained the following clause:
Not exact matches
What a difference a night (full of lots of stiff drinks, one suspects) makes: The sun is shining, the birds are singing, and new
draft language on the use of VAM, apparently
brokered during the wee morning hours, has been signed off
by panelists — including the unions.
When the contract for sale was
drafted, it included a warranty
by Buyer that there was no
broker involved.
In other words, the
broker drafted the counter offer and the client did not understand that
by undertaking to decontaminate the property, it was making an open - ended financial commitment.
It includes examples of steps taken
by franchises,
brokers, title companies and attorneys, as well as a
draft company policy focusing on wire fraud.
In 1981 the Court of Appeals of Ohio addressed whether the
drafting of a real estate sales contract
by a
broker constituted the unauthorized practice of law, thus voiding a contract and relieving the seller from paying a commission.
The court found that the
Broker and the Brokerage were negligent in their representation of the Bank because the contract
drafted by the
Broker violated specific statutes prohibiting a licensed
broker from splitting a commission with an unlicensed individual.
Since the contract
drafted by the
Broker did exactly what the statute prohibited, the court found that the
Broker deviated from the standard of conduct required of a licensed
broker by law.
Each
broker shall preserve at least one legible copy of all books, accounts, and records pertaining to her or his real estate brokerage business for at least 5 years from the date of receipt of any money, fund, deposit, check, or
draft entrusted to the
broker or, in the event no funds are entrusted to the
broker, for at least 5 years from the date of execution
by any party of any listing agreement, offer to purchase, rental property management agreement, rental or lease agreement, or any other written or verbal agreement which engages the services of the
broker.