Sentences with phrase «licensees fail»

One of the reasons why licensees fail or only achieve modest success is their inability to focus on the consumer's needs and to market their services accordingly.

(4) Should a licensee fail to meet the CE requirement when applying for license renewal and does not request an extension, his name shall be presented at the next board meeting for the board's determination of possible disciplinary action.

The Minister may by notice in writing give a licensee three months to comply with any term or condition of the license which has been breached, and if the licensee fails to comply within the time specified.

If the licensee fails to do so, it will be contrary to the licence agreement and the trust relationship between the parties.

The rules provide specific requirements that contractors must include in their agreements with patent licensees, and outlines circumstances in which the government may intervene if a licensee fails to comport with the law's intent to bring inventions to the public market.

The buyers argue that the licensee failed to timely communicate their counteroffer to purchase a home.

«If a licensee fails to talk to us and provide us records we've requested, that» sa failure to cooperate with the investigation.

The Licensee failed to disclose the work he had attempted on the property, despite allegedly receiving questions from the Purchasers related to this topic.

A Florida appellate court has considered whether real estate licensees in the state owe their clients the common - law fiduciary duties if the licensee fails to provide clients a mandated disclosure form describing the duties of limited representation.

A purchaser may recover in a civil action brought under the Disclosure Act against a real estate licensee if the licensee fails «to disclose to a purchaser a defect actually known to the real estate licensee prior to the acceptance of an offer to purchase and which were not included in the disclosure statement.»

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

336 DOS 97 Matter of DOS v. Reyes - accounting to client; deposits; DOS fails its burden of proof; licensee violates 19 NYCRR 175.1 by depositing rents in the management of client's business into his operating account; licensee fails to fully account for insurance proceeds and pays himself management fees well in excess of amount agreed to; DOS fails to prove licensee wrongfully closed client account, improperly monitored charges assessed in the operation of client's apartment business and failed to pay insurance premiums; broker required to refund excess commissions earned plus interest and to fully account for monies claimed expended for maintenance and repair; broker's license is suspended for 6 months and until such time as proof submitted of refund of excess commissions and accounting

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

Not exact matches

(b) the licensee or the authorisation holder has failed to comply materially with a lawful direction of the Authority,

Twenty percent of us have already failed,» said Hoffnung, president of Vireo Health, referring to one of the original licensees that sold out to a California company because of financial problems.

(b) The licensee or the authorisation holder has failed to comply materially with a lawful direction of the Authority, (c) The licensee or the authorisation holder is in default of payment of a fee or other money, charged or imposed in furtherance of this Act, the National Communications Authority Act, 2008 (Act 769) or Regulations

8.2.2.1 If the Publisher commits a material or persistent breach of any term of this License and fails to remedy the breach (if capable of remedy) within sixty (60) days of notification in writing by the Licensee.

In the event that Publisher fails to repair access within 48 hours, Publisher shall make adjustments to ensure the Licensee receives the access Licensee has paid for under this License upon Licensee's request.

In the event that AAAS fails to repair access within 48 hours after a reported outage, AAAS shall make adjustments to ensure Licensee receives the access Licensee has paid for under this Agreement upon Licensee's request.

(k) Failing to perform any statutory or legal obligation placed upon a licensee.

The licensee has failed to pay any fee or charge properly imposed by the Administrator under the authority of the Credit Services Organization Act;

Strengthening animal welfare and supporting retailers» commitment to standards of care, legislation in New York passed that allows the commissioner to hold a hearing to consider the suspension or revocation of a pet dealer license if the licensee has three consecutive inspections in which it has failed to correct deficiencies of a critical nature.

1: «The following acts by a licensed veterinarian are unprofessional conduct and constitute grounds for disciplinary action against the licensee... (s) failing to report to law enforcement or humane officers inhumane treatment to animals...»

«Listless» puppy unable to walk; two dogs had eye disorders; licensee repeatedly failed to take animals to the vet.

Dogs went 7 months without medical care even after licensee was told repeatedly by federal inspector to take them to a vet; failed 8 USDA inspections in a row.

The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and take any additional education which the department may require.

They fail to put provisions in their agreements that really hold the licensee's feet to the fire.

Since expansion in new territories can require forging new relationships with unknown distributors, licensees or franchisees, we also work to ensure our clients» trademark and other IP rights remain protected if a new (or established) relationship fails.

There is no statutory penalty imposed on a licensee if they request ID of a person over 21 and the person fails / refuses to produce the ID.

If we interpret this regulation as meaning «Failure by licensee or customer», then we arrive at the absurd conclusion that if a customer fails to produce ID on request, the establishment is fined.

Obviously, the licensee can not be punished if a customer fails to provide ID (and leaves), especially if they lost it.

The Julius Alexander Diversity Moot this year was held at the Ontario Court of Appeal, where competitors examined a fictitious application by a licensee candidate for an appeal of a failed good conduct hearing.

A licensee gets an intermediate standard of care, and may recover if a landowner actually knew about a dangerous condition and failed to fix the problem.

«Consultant agrees to execute any documents and perform any other acts as may be reasonably required by Company or its assignees or licensees to further evidence or effectuate Company's rights and intellectual property as set forth in this paragraph, and Consultant hereby appoints Company as his / her attorney - in - fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, to execute any and all such documents and do any and all such other acts consistent herewith that Consultant fails to promptly perform after a reasonable opportunity to review and negotiate same.»

Licensees who fail to successfully dispute a speeding ticket in PA or other summons will incur points on their record, which may then lead to other negative consequences.

Failing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make available any relevant records with respect to any investigation about the licensee's, registered intern's, or certificateholder's conduct or backFailing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make available any relevant records with respect to any investigation about the licensee's, registered intern's, or certificateholder's conduct or backfailing to make available any relevant records with respect to any investigation about the licensee's, registered intern's, or certificateholder's conduct or background.

Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee, registered intern, or certificateholder is not qualified by training or experience.

The Council has investigated, and disciplined, licensees who have failed to disclose material latent defects in a timely way.

In Oregon, single licensure legislation failed because licensees misunderstood the consequences, says Scott Taylor, commissioner of the Oregon Real Estate Agency.

a) The buyer's licensee and his / her brokerage for failing to contact, or recommend that the buyer contact, the Archeological Branch; 2 b) The seller's licensee and his / her brokerage for not investigating and ascertaining whether the property was protected under the HCA; c) The seller for not disclosing that the property had archeological significance; and / or d) The local authority for not contacting the Archeological Branch before giving informal approval to the developer's zoning application.

Without such evidence, the buyer failed to prove damages resulting from the licensee's conduct, and the judgment was reversed.

Prospective buyers failed to adequately prove damages resulting from licensee's failure to communicate a competing offer.

It's important to understand, because failing to disclose a stigma or disclosing it improperly is a frequent claim in lawsuits against real estate licensees.

In such a case, a mold claim might be part of a suit against a licensee for failing to properly inspect a home and disclose the visual presence of mold or water leaks.

A state appeals court has ruled in favor of two real estate licensees sued by a couple who claimed that the licensees had failed to make adequate property condition disclosures.

The fact that there is such a continuous high turnover rate of wannabe / failed licensees speaks to the fact that the business does indeed attract people of limited abilities, hacks and scum.

Specifically, the Commission determined that the licensees had failed to provide a property condition disclosure statement, failed to obtain a properly executed dual agency form, and also had a role in the «irregularities» in the purchase contract and downpayment assistance provided.

The courts determined that because neither the sellers nor the licensees had any knowledge of lead - based paint in the house and no affirmative duty to discover the presence of the hazard, they weren't guilty of failing to disclose that information and thus violating the act.

However, in another case, the licensee was liable for failing to disclose the lack of sewer access to the lot and the licensee's relationship to the seller.

«The advisory group will examine the ways the council identifies and responds to licensee conduct that could pose a risk to consumers or that fails to meet the standards expected by the public,» says the council in a news release.