Lawsuits focus on the conflicts between state labor laws and real
estate license laws when assessing the broker - associate relationship.
Not exact matches
It works with its members,
law enforcement communities (trading standards officers and local police forces), to detect and combat the sale of infringing software and it also helps organisations regularise their software
estates when reports of possible misuse or under -
licensing have been received about them.
Valid State Issued Drivers»
License, Apartment Manager's
License when required by State
Law, and Real
Estate License when required by State
Law...
There is no doubt that the hurdles required to earn a
law degree are significant
when compared to the time and efforet required to obtain a real
estate sales person
license here in Ontario.
I was just pointing out how absurd it is for someone with a real
estate license to take issue with Permitting & GC
licensing laws & regulations
when having to follow those rules offends his sensibilities.
Real
estate sales, management,
laws, information, rules,
licensing, governance and all the rest of it could change so much that we will look back on today and think of it as the wild west of real
estate operations,
when everybody was doing things by the seat of their pants with no
licensing.
Unless Virginia went back to the Lochner era
when I wasn't looking, the real
estate licensing statute abrogates any common
law freedom of contract.
Georgia
law requires a Georgia real
estate license when providing services related to the sale or rental of property, and Georgia
law also bars an unlicensed person from bringing a commission action.
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 a real
estate licensee acts as the escrow agent, the licensee has a fiduciary duty toward each party under the
license law.
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
(Remember: state
laws require that you have an active real
estate license before you can advertise in any way; even verbally misrepresenting yourself as holding an active real
estate license able to do any kind of deal or referral,
when you do not, is also a felony.)