No real
estate business would get
consummated if all
agreements held contingencies subject to researching all of the above before making an offer firm, but it would serve many buyers in good stead to try to do, or have their agent do, as much research as possible.
The Nebraska Real
Estate Commission amended its regulations to require designated brokers to maintain the following records for five years: (1) records relating to all consummated real estate transactions; (2) all listing agreements (if the transaction was not consummated); (3) all agreements entered, but not consummated; (4) all broker's price opinions and market value analyses; and (5) records of all team members and team le
Estate Commission amended its regulations to require designated brokers to maintain the following records for five years: (1) records relating to all
consummated real
estate transactions; (2) all listing agreements (if the transaction was not consummated); (3) all agreements entered, but not consummated; (4) all broker's price opinions and market value analyses; and (5) records of all team members and team le
estate transactions; (2) all listing
agreements (if the transaction was not
consummated); (3) all
agreements entered, but not
consummated; (4) all broker's price opinions and market value analyses; and (5) records of all team members and team leaders.
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