73 DOS 95 Matter
of DOS v. Marotta - consolidation
of actions; dual agency; disgorgement
of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed
consent of and full disclosure to principal; broker's agreement breached by broker where broker obtained property incompatible with client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct
of parties; dual agency allowed upon full disclosure and informed
consent of both buyer and seller; no commission earned by broker where breach
of fiduciary duty; refund unearned commissions