Sentences with phrase «estate sales contract by»

In 1981 the Court of Appeals of Ohio addressed whether the drafting of a real estate sales contract by a broker constituted the unauthorized practice of law, thus voiding a contract and relieving the seller from paying a commission.

Not exact matches

For Sale by Owner (FSBO): a property being sold without contracting a real estate agent professional's services.

KEY ACHIEVEMENTS • Singlehandedly created a directory of 3000 possible leads for timeshare selling, 70 % of which materialized into business giving clients • Minimized rescission decisions by effectively monitoring contract processing procedures • Successfully developed and gave a presentation on all possible timeshare opportunities within the state at the National Real Estate Conference in 2015 • First person to create a sales gallery and model (virtual) tour of available timeshare properties within the State of Vermont

Areas of Expertise - Territory Management & Expansion Account Development & Growth Ongoing Needs Assessment Consultative & Solution Selling Exceeding Quota Long & Complex Sales Cycles Contract Negotiations Client Satisfaction & Retention Sales Team Leadership Built two profitable real estate and home services businesses in 15 years Increased sales margins for a top company product by 30 % Achieved exponential sales growth Sales Cycles Contract Negotiations Client Satisfaction & Retention Sales Team Leadership Built two profitable real estate and home services businesses in 15 years Increased sales margins for a top company product by 30 % Achieved exponential sales growth Sales Team Leadership Built two profitable real estate and home services businesses in 15 years Increased sales margins for a top company product by 30 % Achieved exponential sales growth sales margins for a top company product by 30 % Achieved exponential sales growth sales growth fo...

(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;

By drafting or significantly altering complex sales contracts, real estate practitioners may be practicing law without a license in some states.

The B.C. Human Rights Tribunal has dismissed a discrimination complaint by former Victoria - based sales rep Rick Allenberg, ruling that a real estate listing contract does not create an employment relationship within the meaning of the B.C. Human Rights Code.

The contract was a form sales contract completed by the Sellers» real estate salesperson.

The Royal LePage Franchise Services Fund has agreed to acquire 38 new Royal LePage residential real estate brokerage franchise contracts, representing 47 real estate brokerage locations serviced by 558 real estate sales agents.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

Kling Real Estate, Ltd. v. DePalma (306 A.D. 2d 445)- summary judgment motion dismissing broker's complaint affirmed; broker's suit for commission based upon two binder agreements fails where unilateral modification of the proposed contracts of sale by the prospective purchasers constituted a counter offer which the seller rejected; no cause of action exists for commission against buyer in second transaction where sellers agreed to pay the brokerage commission

A licensee preparing a proposed contract for the purchase and sale of real estate (an «offer») must include the following terms (the «Standard Assignment Terms») unless otherwise instructed in writing by the person to whom they are providing trading services:

(2) This section does not apply in relation to a contract for the sale of a development unit by a developer, as those terms are defined in section 1 of the Real Estate Development Marketing Act.

The requirements apply in all transactions involving a licensee, except where the contract is for the sale of a development unit by a developer, as those terms are defined in section 1 of the Real Estate Development Marketing Act.

In particular, the process encompassing from the listing of real estate for sale to the public, preparation of documentation, advertising, client contact, retention and lead generation, candidate appointments, pre-screening of buyers, financial qualifications, form filling, real estate purchase contract and closing; among other Services and functionalities offered by us from time to time.

The requirements explicitly exempt contracts for the sale of a development unit by a developer, as those terms are defined in section 1 of the Real Estate Development Marketing Act.

Sales Contract (Purchase Agreement): The legal document contractually binding the terms of Buyer's and Seller's agreement to sell / purchase real estate, usually completed by the real estate agent and signed by both parties

The opinion goes on to provide that in the situation of buyer agency, the real estate broker representing the buyer may provide something of value to the buyer in negotiating the compensation to be paid to the buyer's broker even where the actual monies to be paid to the buyer's broker are paid to the broker by the seller who agrees with the buyer in the purchase and sale contract to pay the buyer's agent.

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 the event a winning Bidder and or Buyer fails to submit the signed Contract for Sale of Real Estate and earnest money deposit, the winning Bidder and or Buyer shall pay to John Roebuck Auctions, as damages, an amount equal to the Buyer's premium or commission percentage, as set forth in said Contract, and any and all expenses incurred by the said John Roebuck Auctions, for said auction.

A licensee is prohibited, by section 5 - 5 of the Rules, from inducing any party to a contract for the sale or rental of real estate to break a previous contract for the purpose of entering into a new contract with another principal.

According to the case law as of the date of this article, a material breach by one party to a real estate sales contract may be considered a discharge of the other party's obligations thereunder.

In real estate the principal may be the buyer or seller of real property represented by an agent or REALTOR ® who creates a contract for the purchase or sale of the property to or from a third party, often called the customer.

NAR and its industry partners have long disputed a 2010 HUD ruling that the sale of home warranty contracts by real estate agents for compensation was a per se violation of RESPA.

The amendments to the Regulation provide that a licensee preparing a proposed contract for the purchase and sale of real estate must include the following terms (the «Standard Assignment Terms») unless otherwise instructed in writing by the person to whom they are providing trading services:

The amount disclosed for an owner's title insurance premium pursuant to § 1026.37 (g)(4) is based on a basic owner's policy rate, and not on an «enhanced» title insurance policy premium, except that the creditor may instead disclose the premium for an «enhanced» policy when the «enhanced» title insurance policy is required by the real estate sales contract, if such requirement is known to the creditor when issuing the Loan Estimate.