Sentences with phrase «fiduciary duty because»

Heller argued that he was owed a fiduciary duty because he had an agency relationship with the Brokerage, and Kiernan was an employee of the Brokerage.

The judge further felt that there was a breach of fiduciary duty because their working relationship had not come to an end (the Realtor failed to advise the buyer).

The appellate court said there was no breach of fiduciary duty because the brokerage had, among other things, disclosed that properties wouldn't be offered for sale exclusively to the investor and that the brokerage submitted a purchase contract on the property only after the investor failed to respond to the initial offer.

Likewise, there was no breach of fiduciary duty because the property was listed in accordance with the seller's wishes.

The appeals opinion held (correctly) that, no matter how long their close personal relationship had continued, there was no fiduciary duty because she was not his agent and didn't have direct access to his bank accounts, or even to his beach house when he wasn't present with her.

«In Haida, the province said there is no real fiduciary duty because title hasn't been recognized or determined by the court.

The historic gap, which in the past has been canyon-esque as I'm fond of saying, this is where the courts developed the idea of fiduciary duty because as there were such dependence on the part of the client on the service provider because the client doesn't know and the client can't be expected to know whether or not they're being treated fairly or properly or what have you to getting good, you're getting good services, and I don't think that gap will ever close entirely but we are seeing the purchasers of legal services becoming more knowledgeable and more sophisticated, there is.

New West responded that it did not owe fiduciary duties because the Agreement had expired, and Brusha argued he did not have a duty to disclose information he had received in the time between signing the sales contract with Letsos and the closing.

Not exact matches

«Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns,» Hamilton wrote in her Medium post.

Boards are empowered to protect shareholders, but many shareholders have become sympathetic to activists because they believe the system has inherent conflicts of interest; that directors are more interested in collecting paychecks and preserving their status quo than in exercising their fiduciary duty to shareholders.

The change to «employee owned» would require the CEO and board members as fiduciaries, now would have the duty and the opportunity to promote good corporate governance to protect the assets under their care, and because the corporation is at least 51 % employee owned the focus would be not just the bottom line.

Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns.

It's one of the single most feared (or even loathed) provisions of the Department of Labor's fiduciary rule for a large financial institution, because it dramatically raises the stakes of a potential systemic failure to fulfill the firm's fiduciary duty to clients, outside the relative safety of one - advisor - at - a-time arbitration (especially industry - friendly FINRA arbitration).

Further, and this gets to the heart of the strength of the fiduciary standard, the SEC notes there can be no «hard or fast rule» for addressing material conflicts, because the duty adjusts according to the needs of the particular client.

This is important because directors have a fiduciary duty to keep company information confidential, but investors do not have a similar obligation absent a contractual confidentiality provision.

Another has been sort of ignored because it doesn't deal with Amazon even though it is yet another example of how some agents are potentially getting into a conflict of interest, or at least a very grey and murky area of fiduciary duty to their clients.

A contingency arrangement was not a true joint venture because the parties are not equal and the lawyer owes a fiduciary duty to the client.

Perhaps this is because in his judgment Lamer CJ articulated the duty to consult in the context of discharging the fiduciary duty, rather than as a separate procedural step?

The evidentiary details are the means by which Mr. Skurka intends to prove his defence that he was not negligent or in breach of fiduciary duty and his allegation that Mr. Jacobson suffered no damages because he is not an innocent man.

A fiduciary bond is similar to an insurance policy because it represents an arrangement where one party (the «surety») agrees, for a fee, to pay money or perform an obligation in the event the fiduciary (trustee, conservator, executor) fails to properly perform its duties.

... plaintiff's common - law breach of fiduciary duty and gross negligence claims must be dismissed because they are preempted by the Martin Act.

At trial, the court found a breach of fiduciary duty, but declined to order a constructive trust because since the property value had fallen, Korkontzilas had not been enriched.

Often, legal malpractice happens because of negligence, breach of fiduciary duty, or a breach of contract.

The SCC concurred with the Courts below that fiduciary duty — the trust like duty to act on the best interests of the would - be beneficiary putting any personal interest aside — did not apply primarily because the language of s. 31 of the Manitoba Act, 1870, while setting aside what had become known as «the [Métis] children's lands» contained qualifications which exempt the Crown from acting in their best interests, «in such mode and on such conditions as to settlement and otherwise, as the Governor in Council may from time to time determine.»

The appeal court held that because the Pitt and Futter trustees had relied on professional advice in taking their actions, there was no breach of fiduciary duty.

Wray's lawsuit, embedded below, alleges that Wray «suffered significant money damages at the hands of Fisker and Advanced Equities,» because of a «corporate securities bait - and - switch,» a breach of fiduciary duty, and fraud and deceit in connection to sales of Fisker securities.

Now the last time I checked, a REALTOR owes their clients fiduciary duties and because there is a representation agreement in place this includes believe it or not Steve, representation, and not the withdrawal of such a duty because the REALTOR can no longer advise / guide or tell one client anything that would prejudice the other's position.

The plaintiffs allege that the real estate professionals breached their fiduciary duty by failing to open escrow, failing to deposit the purchasers» deposit into escrow, failing to notify the seller that timing was critical because the transaction was part of a Section 1031 exchange transaction, failing to identify alternate properties, and failing to use correct forms.

We are all caught up in ethics and Fiduciary Duties, while respect for our services has diminished and the Industry as a whole suffers a bad reputation because more games are played.

Tough luck if your REALTOR's other seller was robbed of fiduciary duty, because you could care less about him, right?

The court made this decision because the complaint also charged the lawyer with a negligent breach of fiduciary duty.

You might have the right to call yourself a REALTOR because you must belong to CREA but I suggest to you that it was never CREA's (past futures) intent that a REALTOR would ever discard fiduciary duty to become an advertising service; order taker or CSR all of which now dutifully describe a FSBO provider and you perhaps?

By your own admission you don't care about fiduciary duties, because you always give your best advice to «everyone».

By Barry Lebow Buyer brokerage is one of the fastest growing real estate specialties because more and more homebuyers want the services of an agent who owes them full fiduciary responsibilities, duties and loyalty.

Agents can't also bypass their fiduciary duties by doing a mere posting because they are illegal.

The court also agreed that the licensees had breached their fiduciary duty to the Developer because they had put their own interest in collecting two commissions over its client's interest in possibly making its own sale to the Second Buyer.

Thus, the trial court's ruling that the statements were not relevant to breach of fiduciary duty allegations because the statements were made before an agency relationship arose between the parties was affirmed.

Overall, dual agency relationships can cause legal issues because real estate agents are bound by fiduciary duties, which require undivided loyalty to clients.

Several years ago, Gene Stevens and other condo owners of the Cricket Club Condominiums sued the Cricket Club Board of Directors for breach of fiduciary duty, seeking compensatory damages from the Board because the condo owners alleged that Condo Board of Directors spent special assessment money on things outside of those described in the Notice of Special Assessment that was sent to the condo unit owners.

For example, in the 2001 case of Stevens v. Cricket Club Condominium, Inc., the Condo Board was found guilty of breaching its fiduciary duty to the condo owners because the Condo Board took special assessment monies that had been assessed to pay for fixing the swimming pool area and instead using some of that special assessment to fix a terrace area.

Because virtually every step in the real estate process involves a contract and many imply fiduciary duties, it's not surprising that these issues top the list.

«A realtor has a fiduciary duty to the client, and so it's crazy not to use an agent because you end up making back that money you think you'd save all the time,» Overbeck says.