Not exact matches
Dual - Agency Dilemmas Brokers using tenant - matching technology should be mindful of their state's laws and brokerage policies on dual agency — the ethically murky situation that occurs when the broker represents both the landlord and the tenant in the same lease transact
Dual -
Agency Dilemmas Brokers using tenant - matching technology should be mindful of their state's laws and brokerage policies on dual agency — the ethically murky situation that occurs when the broker represents both the landlord and the tenant in the same lease transa
Agency Dilemmas Brokers using tenant - matching technology should be mindful of their state's laws and brokerage policies
on dual agency — the ethically murky situation that occurs when the broker represents both the landlord and the tenant in the same lease transact
dual agency — the ethically murky situation that occurs when the broker represents both the landlord and the tenant in the same lease transa
agency — the ethically murky situation that occurs when the broker represents both the landlord and the tenant in the same lease
transaction.
In the 1990s states began adopting legislation that established the designated and disclosed
dual agency models and outlined the duties of practitioners based
on the role they were assuming, such as seller's agent, buyer's agent,
dual agent, or
transaction facilitator.
NAR members recently received word that the U.S. Department of Housing & Urban Development would be implementing a new policy
on Oct. 1, 2013, that would prevent
dual agency agreements in FHA pre-foreclosure
transactions.
On Friday, July 14, 2014, the US Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2014 - 15 allowing
dual agency agreements in FHA pre-foreclosure
transactions.
I NEVER discuss motivation of any buyer or seller in ANY
transaction anyway, I NEVER discuss what my buyer is willing to accept
on ANY offer either,
dual agency or not.
The brokerage would not start out, as it does today, as the sole agent for one of the parties, with every licensee engaged by the brokerage taking
on the same status, and then have to strip away many of its
agency obligations (and simultaneously stop being able to provide the
agency services it initially offered) to become an impartial
dual agent in an «in - house»
transaction.
A big portion of misrepresentation claims come out of
dual agency transactions, says Drayna, who makes this claim based
on his experience rather than any hard statistics.
Here is my submission to that end regarding
dual agency transactions: Another Realtor of local stellar repute (not from the chosen Realtor's brokerage but whom the buyer's and seller's mutual Realtor would recommend to his / her respective buyer / seller clients for their approval) would oversee / facilitate the negotiation process once an offer — or offers — has / have been announced as being
on the table.
Two of the key recommendations: that regulators adopt Designated
Agency and Transaction Brokerage (see Definitions on page 8) to help overcome problems with the existing dual agency relatio
Agency and
Transaction Brokerage (see Definitions
on page 8) to help overcome problems with the existing
dual agency relatio
agency relationship.
Much of the discussion has focused
on the two new business models — Designated
Agency and Transaction Brokerage — the CRG's ATF proposed as «best practices» solutions to concerns about dual agency i
Agency and
Transaction Brokerage — the CRG's ATF proposed as «best practices» solutions to concerns about
dual agency i
agency issues.
By forgoing potentially millions of eyeballs
on two leading real estate portals, one could argue that Edina is betting the «double dip» they will get from
dual agency transactions will more than make up for the loss in visibility — a loss that could increase market time of listings and loss of clients who DO want wider distribution of their home.
Dual agency occurs when the brokerage firm represents the buyer and seller
on the same
transaction (even if different agents are involved).
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
When different licensees are designated to act
on behalf of different clients who are negotiating the same
transaction,
dual agency is avoided.
Perhaps the most nefarious consequence of
dual agency is that consumers are stripped of their representation
on the most important and complex
transaction of a lifetime.
On Tuesday, HUD announced that is was banning dual agency on short sale transactions (transactions involving distressed homeowners) in order to help achieve its goal of an «arms - length transaction.&raqu
On Tuesday, HUD announced that is was banning
dual agency on short sale transactions (transactions involving distressed homeowners) in order to help achieve its goal of an «arms - length transaction.&raqu
on short sale
transactions (
transactions involving distressed homeowners) in order to help achieve its goal of an «arms - length
transaction.»
The conflicts of limited
dual agency continue to exist, however, if the same designated agents are acting
on behalf of a seller and a buyer in relation to the same
transaction, or acting
on behalf of two buyers who are interested in buying the same property.