Sentences with phrase «in fiduciary»

In real estate, buyer agents represent their clients in a fiduciary capacity.

They don't need your help, your clients don't need your brand of interpretation, you are simply conflicted in your fiduciary capacity.

The NCREIF Property Index tracks properties that have been acquired on behalf of tax - exempt institutions and held in a fiduciary environment.

NTREA members provide essential management services for real estate assets owned in a fiduciary capacity.

The IRS enforces very strict laws that prohibit you from using your real estate IRA to transact directly with yourself, your spouse, your children, grandchildren, parents or grandparents or those of your spouse, as well as any advisor who works with you on your real estate IRA in a fiduciary capacity.

«Transaction broker» means a broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent.

That isn't really correct as we are not in a fiduciary relationship.

In fiduciary relationships, the client has agency with the brokerage firm which the agent works for, so two agents of the same firm can not offer single agency, only a transaction broker arrangement.

A measure of this performance return is evident by investment managers who own or manage seniors housing properties in a fiduciary setting.

However, the court determined that since the Broker was in a fiduciary relationship with the Buyers, the court ruled that the Buyers were not limited in their recovery to out - of - pocket expenses.

The California case, Field v. Century 21 Klowden - Forness Realty, found that a broker in a fiduciary relationship with the buyer may be required to examine such things as public records and title documents for the buyer, as opposed to a seller's broker, who has no such duty.

Since the court found that the parties were in a fiduciary relationship, the court ruled that she was liable for this money as well as the unpaid loan amounts.

Therefore, the Brokerage did not represent the Clients in a fiduciary capacity and so there was no cause of action for breach of an implied fiduciary duty.

Tennessee law is clear that a broker and his / her client are in a fiduciary relationship and the broker has a general duty to act in the best interest of his / her client.

You also state that «I don't worry about whether it's in my fiduciary duities or not,...» re your «professional opinion», your «Professional manner» and your «Best advice at all times.»

You therefore potentially jeopardize your client's fiduciary position with your wild - west antics when you willy - nilly treat everyone the same in a fiduciary sense.

Of the 40 % there is no doubt that there are Realtors who do not have to spin clients to sign on the dotted line in pursuit of the desparately needed commission, ergo, they don't have to be unethical, immoral or negligent in their fiduciary duties.

The bankruptcy code prevents discharge of a debt that is obtained from «fraud or defalcation while acting in a fiduciary capacity....»

Call me old - fashioned but I want to develop at least a little rapport with a client, even with the introductory phone call; firstly to see if we are a good match in the fiduciary role, and I don't show houses for the good of my health.

This results in fiduciary duties (to a virtual stranger, the seller) and leads to Limited Dual Agency.

Hiding behind a contrived website like a trap - door spider, waiting for victims to fall into the trap, and thence putting on airs from a telephone mouthpiece, all before actually meeting face - to - face with the prospective commission provider, amounts to one not having the confidence to face strangers and thereby pronounce your confidence in your abilities and attitude re helping them with their financial interests in a fiduciary manner right from the outset.

Apart from the likelihood of that being very remote, with all those years of experience, it escapes him that, rather than attach himself to the seller in a fiduciary capacity he could say, you know Mr. & Mrs seller, I have a client for this property, my duty right now is to them, so I will not represent you but I will be thrilled if you would allow me to bring an offer from my buyer for X fee.

The court found that state case law supported this conclusion that a disclosed dual agent is not in a fiduciary relationship with his / her clients.

We are not driven by sales quotas or commission goals; we take pride in our fiduciary responsibility.

We are not driven by sales quotas or commission goals; we take pride in our fiduciary responsibility.

By requiring all financial professionals to act in a fiduciary, instead of a sales, capacity, they'll be legally bound to put your finances first if they stand to gain financially.

Fiduciary Liability Insurance provides defense and coverage in the event your business is found negligent in a fiduciary liability lawsuit.

Tags: Fiduciary, Fiduciary Issues, Legal Procedures Posted in Fiduciary, Legal Procedures & Definitions, Technical Legal

Tags: Executors and Fiduciaries, Fiduciary, Fiduciary Issues, Fiduciary Relationships, Legal Procedures, probate Posted in Fiduciary, Legal Procedures & Definitions, Probate Litigation

William Linkous, Jr. concentrates in fiduciary law, as well as tax and estate planning.

They do nothing more than help the population learn to live with the problem, which tells everyone that never again will they have a lawyer of their own, in a fiduciary duty, whose duty it is to solve the client's legal problems affordably.

Funds held in trust include funds held in any fiduciary capacity in connection with a representation, whether as trustee, agent, guardian, executor or otherwise.

This suggests that Neil, McKercher and Federation of Law Societies may be seen as establishing that the lawyer's duty of loyalty is founded both in fiduciary law and in the law protecting the administration of justice.

(C) A judge acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

(D) If a person who is serving in a fiduciary position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judge.

(C) when the judge is acting pro se in a matter involving the judge's legal or economic interests, or when the judge is acting in a fiduciary capacity.

Trust account rules vary from state to state, but one constant for attorneys or anyone working in a fiduciary capacity is the over-riding fear of running afoul of strict requirements.

Our team consists of lawyers that have vast experience advising Trustees in the Channel Islands, the Caribbean and the offshore financial centres generally in their fiduciary duties and powers.

The lawyers at Adair Myers Graves Stevenson have extensive experience representing clients in fiduciary duty disputes.

Brian P. Eagan is a partner of the Firm, focusing primarily in fiduciary matters, including probate, guardianship, trust and estate administration and related litigation.

«Drawing on our experience in fiduciary and securities litigation, class action litigation, bankruptcy, and tax, we are ready to meet the needs of our clients with respect to this ever developing story.»

Tags: Financial Abuse, Fraud, Fraudulent Conveyance, Fraudulent Transfer, unjust enrichment Posted in Fiduciary, Financial Abuse, Probate Litigation

An estate trustee stands in a fiduciary (i.e. trust) position and, as such, is required to show good faith in dealing with the beneficiaries and others.

V. International Corona Resources [1989] 2 S.C.R. 574, the Supreme Court of Canada established a three point test to determine whether one is in a fiduciary relationship:

In my fiduciary litigation practice, I represent both plaintiffs and defendants.

Representing General Electric Co., GE Capital, and its former directors in a fiduciary duty class action brought in the Delaware Court of Chancery by a former GE Capital preferred stockholder, challenging GE's merger with GE Capital.

If there is conflict between family members, naming one of them in a fiduciary role can bring them further apart, particularly if the fiduciary role involves a lot of discretion.

Most states allow what are called «negative will» provisions that state that certain persons should not serve in fiduciary positions.

Let me frame this by pointing out that in the current (partly) capitalist free - market system descended from the winner of the Cold War, judgements of necessity of actions by corporations are generally made (at the top) by the CEO and / or Board of Directors, acting in a fiduciary capacity as regulated by various governmental entities.