Sentences with phrase «estate broker engages»

When a real estate broker engages in dual agency they may not work to the advantage or the detriment of the buyer or seller.

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

Not exact matches

(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 -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 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 - 1217.

«Due to economy concerns, many homeowners in Russia have become increasingly engaged in finding (buyers), conducting showings and negotiating by themselves without the participation of real estate brokers, which has resulted in a significant decline of the demand for services of the latter,» says Oreshkin.

(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;

In cases where a real estate broker / agent receives a commission from the lender for the sale of a property owned by the lender (including an REO), individuals must only be licensed as a loan originator if they engage in the business of a loan originator.

In the real estate industry, franchise arrangements tend to impose non-competition covenants on franchisee brokers and in some cases even on their sales representatives, to restrict them from engaging in a competitive business.

While the CFPB is generally excluded from exercising authority over real estate brokerage activities, the CFPB does have authority under the Real Estate Settlement Procedures Act of 1974 (RESPA) over agents and brokers engaging in offering or providing financial products or serestate brokerage activities, the CFPB does have authority under the Real Estate Settlement Procedures Act of 1974 (RESPA) over agents and brokers engaging in offering or providing financial products or serEstate Settlement Procedures Act of 1974 (RESPA) over agents and brokers engaging in offering or providing financial products or services.

In its action, the QFREB alleges that DuProprio has been engaging in deceptive advertising campaigns for years and misleading Quebec consumers about the supposed savings associated with DuProprio's services, as well as the advantages of its real estate services compared to those of brokers.

Overall, becoming aware of the current and upcoming integration of sustainability in real estate positions brokers as leaders in industry shifts, prepared to engage proactively in new market and business opportunities.

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.

To become a Class A member, an applicant must (1) be a licensed real estate broker; (2) engage primarily in the business of real estate; (3) have an established place of business; (4) take a specified course and pass an examination thereon; and (5) have three years experience as a licensed salesman or broker.

Who: Our membership is composed of residential and commercial REALTORS ®, who are brokers, salespeople, property managers, appraisers, counselors and others engaged in all aspects of the real estate industry.

Paine, with the urging of his brokers and directors, has been spearheading the effort to engage real estate brokerage firms and MLSs to collaborate and deliver to consumers a better national property search.

The Company was not licensed to engage in real estate activities in Illinois, although the individual employee who worked on the transaction possessed an Illinois real estate broker's license.

In Thomas v. Daubs, the Appellate Court of Illinois affirmed a lower court decision holding that business brokers involved in the sale of a landfill were not entitled to a finder's fee since they were not licensed to engage in the real estate business.

HUD claimed FNF and its affiliates and subsidiaries engaged in a widespread and years - long campaign to pay real estate brokers kickbacks for the referral of real estate settlement services, including home warranties and title insurance.

NAR is composed of residential and commercial REALTORS ®, who are brokers, salespeople, property managers, appraisers, counselors and others engaged in all aspects of the real estate industry.

17 DOS 91 Matter of Torsiello - qualifying experience is one year of supervised service as real estate salesperson or two years of «equivalent» experience (conduct which was such that, if not engaged in or on behalf of either the applicant himself or the applicant's exclusive employer who is the principal in a transaction, or without expectation or receipt of compensation, would require a real estate broker's license)

Only managing brokers, associate brokers, or representatives who are engaged by and licensed to the brokerage may provide real estate services on behalf of the brokerage.

Our membership is composed of residential and commercial REALTORS ® who are brokers, salespeople, property managers, appraisers, counselors, and others engaged in the real estate industry.

Buck v. Cimino (243 A.D. 2d 681)- broker is procuring cause of sale where broker set in motion the chain of circumstances which proximately led to the sale; not necessary for broker to have been involved in the negotiations of sale where lack of involvement is attributable to buyer, a licensed real estate broker, who used her knowledge as a broker to affirmatively mislead broker into believing she lacked any interest in the property; broker is proximate link where broker introduced buyer to the property, brought buyer to the property, the buyer and seller engaged in minimal negotiations and the contract of sale was executed soon after broker's introduction of buyer to the property (approx. 10 days).

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.

application, be associated either as an employee or as an independent contractor with a Designated REALTOR ® Member of the Association or a Designated REALTOR ® Member of another Association (if a secondary member) and must maintain a current, valid real estate broker's or salesperson's license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS ®, and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the Membership Committee and shall agree in writing that if elected to membership he / she will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics.

Declaratory Ruling 90 - 3 (Sven R. Paul)- unlicensed persons can be officers and shareholders of a licensed corporate real estate broker, but may not engage in licensed activity; a salesperson can not be a shareholder or officer of a corporate licensee; all real estate activities of the corporation must be conducted by an officer who is licensed as a real estate broker

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

«When the competition is delighting consumers with a polished, engaging user experience, the argument from a real estate broker that «IDX data is more accurate, so visit our IDX vendor - provided real estate site» isn't particularly compelling,» he said.

DiStefano v. Rosetti - Falvey Real Estate, Inc. (270 A.D. 2d 631)- broker's cause of action survives motion to dismiss where broker alleges that principal engaged in dealings directly with tenant's agent and that his principal waited until the exclusive listing agreement expired before leasing the property to the tenant in order to avoid paying the broker's commission; bad faith exception

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

manager of a real estate firm shall supply evidence satisfactory to the Membership Committee that he / she is actively engaged in the real estate profession, and maintains a current, valid real estate broker's or salesperson's license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member), has no record of recent or pending bankruptcy *, has no record of official sanctions involving unprofessional conduct **, agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OR REALTORS ®, and shall agree that if elected to membership, He / she will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics.

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

Membership is composed of residential and commercial brokers, salespeople, property managers, appraisers, counselors, and others engaged in the real estate industry.

CENTURY 21 ®, the most recognized name in real estate, with over 6,900 independently owned and operated franchised broker offices in 78 countries and territories worldwide, and more than 101,000 independent sales professionals working together to provide innovative solutions to attract and engage prospects, nurture customers, and deliver a positive real estate experience.

NAR's membership is composed of residential and commercial REALTORS ®, who are brokers, salespeople, property managers, appraisers, counselors, and others engaged in all aspects of the real estate industry.

Each firm or office in the case of firms with multiple office locations shall designate in writing one REALTOR ® member licensed as a Florida real estate broker or licensed, registered, or certified by an appropriate state regulatory agency to engage in the appraisal of real property, who shall be responsible for all duties and obligations of Membership including the obligation to arbitrate pursuant to Article 17 of the Code of Ethics and the payment of Association dues as established in Article X of the Bylaws.

Services: Engage real estate brokers in a new way with CollaboRATETM: a survey - based initiative for improving the home buying experience and winning more purchase mortgage opportunities.

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

The Participation Rule set forth in the 2008 settlement agreement permits MLSs to limit access to only those brokers engaged in real estate brokerage; that is, those actively endeavoring to list real property or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS.

The Board's membership consists of more than 17,000 commercial, residential, and institutional property owners, builders, managers, investors, brokers, and salespeople; banks, financial service companies, utilities, attorneys, architects, and contractors; and other associations, organizations, institutions, corporations, co-partnerships, and individuals professionally interested and engaged in business allied to New York City real estate.

Before you submit your application for licensing to the Council, it must be signed by the managing broker of real estate brokerage who has committed to engage you.

B. Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers, in order to qualify for REALTOR ® Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR ® Member of the Association or a Designated REALTOR ® Member of another Association (if a Secondary Member) and maintain a current, valid Florida real estate broker's or salesperson's license or be licensed, registered, or certified by an appropriate state regulatory agency to engage in the appraisal of real property, shall complete, within sixty (60) days of making application, a course of instruction covering the Bylaws and Rules and Regulations of the Association, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS ®, shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Board of Directors, and shall agree in writing or by electronic agreement that if elected to membership they will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS ®, and by the Constitution, Bylaws, and Rules and Regulations of the local Board, State Association, and the National Association.

Lumentus Social is a social media technology that automatically captures fresh, relevant and local news and information and makes it easy for real estate brokers and agents to use the content to engage with customers.

Clearly, a broker does not engage in prohibited fee splitting when it pays the local newspaper, which is not licensed as a real estate broker, for advertising it placed in relation to a transaction, even though payment to the newspaper was paid from funds derived from commissions received.

IMT's Market Engagement team effectively engages a wide range of private market stakeholders — building owners and tenants, brokers and real estate agents, and lenders and appraisers, among others — to improve building performance and unlock billions of dollars in investment, creating thousands of jobs, improving businesses» bottom lines across the country, and measurably addressing America's climate challenge.

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

In light of the remedial purpose of the VCFA and its plain meaning, the court upheld the lower court decision, finding that the word «seller» includes real estate brokers who engage in residential real estate transactions, and that the transaction constituted being involved «in Commerce» under the VCFA.

NAR is composed of REALTORS ® who are involved in residential and commercial real estate as brokers, salespeople, property managers, appraisers, counselors, and others who are engaged in all aspects of the real estate industry.

Following the provincial introduction of designated agency by the British Columbia Real Estate Association in July 2012, and the amendment of the Council Rules in July 2013 to reflect the new practice, the Council has been engaged in consultations with managing brokers and other stakeholders from across the province, developing practice standards to guide licensees.

In addition to providing valuable instruction to agents and brokers industry - wide, the RE Tech Campus initiative will also expose increasing numbers of real estate professionals to the benefits and opportunities available through the utilization of an engaging and interactive Cloud - Based environment, all of which are leveraged by the Company's own agents as part of the development and growth of their own businesses, and most of which are not accessible through traditional brokerages with a brick - and - mortar foundation.

«Professional (s)» means individuals, companies and other organizations or persons acting as real estate professionals or otherwise engaged in a business relevant to the Sites, including, without limitation, REALTORS ®, agents, providers of moving - related services, products or information, homebuilders, lenders, brokers, real estate professionals, remodelers, seniors - related housing, product or service providers, home service professionals and other service professionals.