Sentences with phrase «duty as a licensee»

Not exact matches

I am particularly troubled by the statement «Furthermore, since the Law Society has identified systemic barriers facing licensees as a significant problem, and eradicating those barriers as a goal, lawyers have a duty to advance that goal (Rule 2.1 - 2).

Police and fire personnel entering a property as part of their official duties are considered licensees, which limits the duties of the landowner.

At the same time the Law Society of Ontario announced this new duty, it advertised itself as a systemically racist bar and labeled licensees like me as «racialized.»

Homeowners also owe licensees the duty to exercise ordinary care to keep the premises safe while licensees are present as well as to warn them of any hidden dangers.

As a licensee, your friend had a duty to warn you of dangerous conditions that create an unreasonable risk of harm if the conditions were known to the friend, but not likely to be discovered by you.

In order to satisfy the reasonableness standard owed to invitees and licensees, an owner has a continuing duty to inspect the property, identify dangerous conditions, and either repair them or post warnings as appropriate.

As the Law Society has indicated, in the documentation accompanying the recommendation as well as the legal opinion that accompanied the report to Convocation, the duty to promote equality, diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules and obligations governing licensees, and not a new obligatioAs the Law Society has indicated, in the documentation accompanying the recommendation as well as the legal opinion that accompanied the report to Convocation, the duty to promote equality, diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules and obligations governing licensees, and not a new obligatioas well as the legal opinion that accompanied the report to Convocation, the duty to promote equality, diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules and obligations governing licensees, and not a new obligatioas the legal opinion that accompanied the report to Convocation, the duty to promote equality, diversity and inclusiveness — not only in our legal practices, but also in our public lives — is implicit in the existing rules and obligations governing licensees, and not a new obligation.

Conversely, licensees must also act honesty, e.g. by accurately reporting royalties owed to the licensor, otherwise they could be found in breach of the duty as well as breach of their royalty reporting obligations under the license.

Rule 7.1 - 3 (d) of the LSUC Rules of Professional Conduct states: «Unless to do so would be unlawful or would involve a breach of solicitor - client privilege, a lawyer shall report to the Law Society,... d) conduct that raises a substantial question as to another licensee's honesty, trustworthiness, or competency as a licensee;» Not that reporting another lawyer to the law society is ideal — it appears that we have a duty to do so.

So why would a licensee that makes significantly more rely on the expertise and knowledge of their manager — as who would opt for a career in the future that means a substantial pay cut, greater supervision and duties, and incredible risk.

Some courts are viewing the duties owed to buyers by licensees representing them as broader than the duties of listing agents.

An associated licensee has no power to act except as a representative of the broker and undertakes the same duties as owed by the broker.

A Connecticut court has considered whether a real estate licensee breached his fiduciary duty while serving as an escrow agent.

A real estate licensee serving as a transaction broker has two duties under the state's property condition disclosure law: to make available to the purchaser the seller's disclosure statement and to disclose any defects known to the licensee that are not contained in the disclosure statement.

The Buyers argued that this was a fiduciary duty a licensee owed to its client as well as a contractual duty in this instance, based on the duties described in the Agency Disclosure Form.

What neither the licensee nor her manager seemed to understand was that there had taken place a transposition from the role of an agent (with fiduciary duties) to a buyer (whose interest as a principal to the transaction were not compatible with the interests of the sellers).

Because of this duty to supervise its licensees and also because the licensees are acting in the broker's name during their transactions, the trial court ruled that brokers are vicariously liable for intentional torts such as fraud committed by its licensees while they are performing their duties as a salesperson.

The question for the court was whether the Brokerage's duties as a dual agent extended to the associate licensees.

A Colorado appellate court has considered whether a licensee acting as a transaction broker had a duty to investigate whether a listing had the proper permits to continue business operations.

During the course of its representation of the Clients, the Brokerage never presented the Clients with a statutorily - required notice that advises the client of the «duties of limited representation» that a real estate licensee owes its client as a transaction broker, such as the duties of care, skill, and confidentiality.

Under brokerage agency, when the brokerage is acting as a limited dual agent, the brokerage and these competing clients have agreed that the duties and obligations of the brokerage and its related licensees are to be limited.

The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose «material adverse facts» about the property or the transaction which are within the licensee's knowledge.

Licensees are advised to read Legally Speaking column # 296 (available on www.realtorlink.ca), which discusses the question of licensees» duties if an illegal activity, such as a marijuana growing operation, is discovered on a listed Licensees are advised to read Legally Speaking column # 296 (available on www.realtorlink.ca), which discusses the question of licensees» duties if an illegal activity, such as a marijuana growing operation, is discovered on a listed licensees» duties if an illegal activity, such as a marijuana growing operation, is discovered on a listed property.

As with other duties which are from time to time delegated by a managing broker, the managing broker remains responsible for the actions of the brokerage and its licensees.

The changes would allow one or more licensees to be designated as agents for a seller or buyer, rather than the current practice of all licensees within a brokerage firm owing fiduciary duty to the principal.

As indicated above, a licensee has a duty of undivided loyalty to a client.

As a client, your licensee has the following duties to you:

The Tennessee Real Estate Commission complaint process enables a member of the public to file a formal complaint against a real estate licensee they believe has acted improperly or illegally in the performance of their duties as a real estate licensee.

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed

(2) By agreement between the brokerage and the client, the brokerage may designate one or more licensees to provide real estate services to or on behalf of a client as a designated agent, and in such a case, the duties referred to in section 3 - 3

When a real estate licensee acts as the escrow agent, the licensee has a fiduciary duty toward each party under the license law.

As an agent, a licensee has certain duties to their clients.

As a licensee, you have a duty of loyalty to your client.

As you see in the bolded note below the blank lines, licensees have a duty to disclose that the amount the brokerage is to be paid (when it is ultimately determined) to the buyer prior to an offer being made.

THE LICENSEE OWES THREE ADDITIONAL STATUTORY DUTIES TO A CLIENT AS AN AGENT OR DESIGNATED AGENT IN A REAL ESTATE TRANSACTION:

As a real estate licensee who has no brokerage relationship with you, BROKER and its associates owe to you the following duties: 1.

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

The Agency cases from this period address issues that we frequently see in this context, such as whether an agency relationship existed, whether a licensee was an employee or independent contractor, whether a broker could be liable for the negligence of a licensee, and the duty owed by a licensee.

While the law does not prohibit acting for more than one party, it is not possible for a licensee to act as the agent for more than one client whose interests may conflict without being in breach of their fiduciary duties (see Sole agency above) to each client.

An important point for brokerages and their related licensees to keep in mind is that their clients must agree to the limitations placed on a licensee's usual duties before the licensee acts as a limited dual agent.

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 asLicensees 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 aslicensees have a duty to disclose information to both parties in a transaction, subject to three exceptions as follows:

In order to act as a limited dual agent, a licensee (whether the brokerage in brokerage agency or the designated agent in designated agency) must have the agreement of the two clients as to how the duties owed to those clients are to be modified or made inapplicable.

This consent must include agreement as to how the licensee's duties, including their duties of loyalty, are to be modified.

This is a question that managing brokers need to ask themselves regularly in the course of their duties, as they direct and supervise the activities of licensees and unlicensed individuals in relation to their brokerage.

The «TO CLIENT DESIGNATED AGENCY» column outlines the duties of a licensee who has been designated by their related brokerage to provide real estate services as a designated agent to or on behalf of a client.

These distinctions are important for both the brokerage (and its related licensees) and the buyer / tenant or the seller / landlord to consider, since the nature of the relationship that is established, whether sole agency, limited dual agency, or no agency, determines the duties and obligations of the brokerage and its related licensees, as well as the level of assistance and representation that the party will receive.

When acting as a limited dual agent for a buyer and a seller, the licensee's duty of full disclosure is modified to allow the licensee to keep information in three areas confidential:

The changes to sections 3 - 3 and 5 - 8, and new sections 3 - 3.1 and 3 - 3.2, reflect requirements to be met when brokerages and licensees agree with their clients and customers to either modify duties, or to provide trading services as designated agents.

This issue of the Report from Council expands on topics arising out of these essential duties to clients, such as disclosure, limited dual agency, conflicts of interest, and other subjects that the Council expects all licensees to be knowledgeable about and able to explain clearly to clients.

The changes allow one or more licensees to be designated as agents for a seller or buyer, rather than the current practice of all licensees within a brokerage firm owing fiduciary duty to the principal.