Sentences with phrase «dual agency contract»

This is a great way to prospect for listings and increase odds in obtaining a dual agency contract.

Licensees entering into limited dual agency contracts with clients often do so by using the Limited Dual Agency Agreement made available by their real estate board.

Not exact matches

However, it was found that Dacas certainly did not rule out the possibility of dual contracts existing between a worker and the agency as well as the end user.

This case turns more on the patent nature of the defects, on the agent electing to represent both parties by Limited Dual Agency, and on the agent's failure to ensure her buyer client was adequately protected by having a building inspection clause in the contract.

Court rules that failure to attach a dual agency consent form to purchase and sale agreement did not invalidate the contract, despite the fact that the contract's terms required that the form be attached.

HUD has clarified its guidance to servicers that FHA short sales with dual agency agreements are eligible for up to a 6 percent commission if the contract that is submitted meets all current pre-foreclosures sales guidelines, including the required marketing period, and yields the highest net return to HUD.

Specifically, the Commission determined that the licensees had failed to provide a property condition disclosure statement, failed to obtain a properly executed dual agency form, and also had a role in the «irregularities» in the purchase contract and downpayment assistance provided.

In any dual agency situation I would insist on a release from the BAA contract.

Unless you can represent your buyers 100 % with no dual agency there is no advantage for a buyer to sign a BBA contract, they are better off being represented as customers and FREE to represent themselves.

Also very few agents get overly involved in explaining «dual agency» to their buyers and generally have the buyers agree to their being represented in a dual agency situation on signing a BRA contract rather than at the time of the conflict..

They don't want to sign a contract only to find that you are going to abandon them when in a dual agency situation.

Therefore, in dual agency the «source» of the brokerage's remuneration is the seller wherever that remuneration arises as a result of a listing contract.

Section (198 A.D. 2d 176) summary judgment for tenant reversed on listing broker's claim for interference with contract; broker never claimed to be tenant's agent, thus no defense of undisclosed dual agency; broker properly sought to memorialize its role in procuring tenant.

You shall NOT engage in a dual agency or designated agency (also called multiple representation arrangements)-- both are conflictive relationships that are harmful to the client and obstruct the purpose of this contract.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

As a result, the duties are limited by contract (e.g. the Limited Dual Agency Agreement created by the British Columbia Real Estate Association) and the sole agent, whether the brokerage or its designated agents as the case may be, become limited dual agents, with their duties being limited as follDual Agency Agreement created by the British Columbia Real Estate Association) and the sole agent, whether the brokerage or its designated agents as the case may be, become limited dual agents, with their duties being limited as folldual agents, with their duties being limited as follows:

One of the most important remedies often available to victims of undisclosed dual agency is rescission of the contract — because dual agency transactions rarely involve an arms - length transaction.

Licensees should also be aware that when acting as a limited dual agent in a transaction where the parties to a contract have entered into a limited dual agency agreement, that agreement specifically modifies the duty of confidentiality and provides that licensees have a duty to disclose information to both parties in a transaction, subject to three exceptions as follows:

The agreement to modify or eliminate duties must either be contained in a written service agreement (e.g. a listing contract, buyer agency contract, or limited dual agency agreement), or in a written disclosure (e.g. a Working with a Realtor ® brochure).