Sentences with phrase «estate licensee breached»

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

Not exact matches

The seller's estate sued the real estate licensees who acted on seller's behalf in the sale of his property for breach of contract and breach of fiduciary duty.

The buyers sued the sellers and the real estate licensees who represented them, alleging fraud and breach of contract because the sellers had known about the possibility of a sewer assessment.

The court stated that real estate licensees have a professional duty to identify correctly the property they claim to have authority to sell, and it found that Tri-Professional, having misrepresented both the property for sale and its authority to sell it, breached its duty to the buyer.

A fund set up in Nova Scotia to protect consumers from financial loss due to fraud or breach of trust by real estate licensees has become a sore spot for some brokers and sales reps, who say they've contributed more than enough.

The British Columbia Real Estate Association standard form Multiple Listing Contract contains the limitations that permit licensees to conduct business with multiple sellers and buyers concurrently without being in breach of their duties to their clients.

any business the licensee owns or has participated in as a director or officer, has any judgment (s) rendered against the business in relation to a trade in real estate, fraud or breach of trust

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

A licensee who pays an unlicensed assistant to perform these activities breaches section 6 - 1 of the Rules, which prohibits a licensee from paying an unlicensed person who performs real estate services for which a licence is required.