Sentences with phrase «owe fiduciary»

If a buyer and seller in a real estate transaction are each represented by separate agents from the same brokerage, do those agents owe a fiduciary duty to both buyer and seller?

These types of agents owe a fiduciary responsibility to the seller under a listing agreement and must protect that interest.

New York licensees owe a fiduciary duty to their clients, and licensees forfeit their commission if they breach their fiduciary duty.

Unless an amendment to the service agreement has expressly created different obligations, where two brokerages co-list a property for sale, they are acting in concert in marketing the property and would jointly owe all fiduciary and other obligations to the seller.

The court concluded that no principal - agent relationship was created between the purchaser and the licensee, and therefore, the licensee did not owe a fiduciary duty to the purchaser.

The court affirmed the appellate court's opinion by holding that, pursuant to that statute, each of the salespeople involved in a dual agency transaction owe fiduciary duties to both the buyer and the seller.

Listing agents working with distressed sellers owe them a fiduciary duty.

Real estate agents, on the other hand, are a representative for one of the principals and owe a fiduciary duty to their client.

REO agents owe a fiduciary duty to their client, the bank / investor but their actions are not in their clients» best interest.

Therefore, the Seller did not owe a fiduciary duty to the Buyer.

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.

Of the sellers surveyed, 76 percent said it was very important that the salesperson exclusively represent them and act only in their best interests, and 71 percent said it was very important that the salesperson owe fiduciary duties to them.

Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.

As a Transaction Broker, theoretically you do not owe any fiduciary duty, so you could tell the buyer the confidential information.

Real estate professionals owe a fiduciary duty to the seller.»

We as REALTORS (R) owe fiduciary to our client.

As you say, we owe a fiduciary duty (and more) to our clients... so make sure you know who exactly your client is, a person or an estate.

Escrowees owe a fiduciary duty to both the party making the deposit as well as to the party for whose benefit the deposit is made.

Ugh, your latest post shows just how fundamentally you fail to understand what it means to owe fiduciary duties to your clients.

You owe fiduciary duties to your buyer and seller clients.

Marty, with permission, reprinted this from the Council newsletter: [«-RSB- «When the designated agent is comprised of more than one licensee, all of those licensees owe fiduciary duties to the client.

«Remember that as a real estate salesperson, you owe a fiduciary duty to your clients.

«When the designated agent is comprised of more than one licensee, all of those licensees owe fiduciary duties to the client.

In these cases, the spouses may wish to modify the fiduciary duties of their designated agent through a written agreement, specifying that each licensee will owe fiduciary duties to one of the spouses but not both.»

These people owe fiduciary duties.

The court disagreed, reminding us that while an employee might owe fiduciary duties to his employer, he may not be a fiduciary in the same way as a solicitor is in respect of his client, or a trustee is in respect of his beneficiary.

Financial advisers in Canada owe a fiduciary duty to their clients to deal fairly, honestly, and in good faith with their clients.

«I appreciate that lawyers and paralegals owe a fiduciary duty to their clients and yet charge fees for their services,» wrote Aterman.

The Court of Appeal for Ontario has succinctly summarized these principles for employers as follows: «[i] n the employment context, an employee may therefore be said to owe a fiduciary duty to his or her employer where the employee has discretionary power to affect adversely the employer's interests and the employer is vulnerable to the exercise of that power».

The trial judge held, and the Court of Appeal agreed, that the non-selling shareholders did not owe a fiduciary duty to the selling shareholders.

Unlike plaintiffs» lawyers who take a percentage of recovery as fees, the litigation investors and funders are not regulated, and unlike the lawyer, owe no fiduciary duty to the client.

Giacalone points out that lawyers owe a fiduciary duty to clients, which at a minimum encompasses advising them on low - cost alternatives.

When you are retained by a company, it is the company to whom you owe your fiduciary duty, and when defining your obligations toward your client, it is generally the company to whom your rules of professional conduct refer.

Plaintiffs and defendants of corporate litigation often range from business partnerships to international corporations, as well as those who work for those organizations or owe a fiduciary duty to them or benefit from them.

Although fact specific, Global Risks shows that even senior employees may not owe fiduciary duties and that employees who are not fiduciaries are not required to pursue their employer's interests at their own expense.

On the facts of this case, he found the individuals did not owe fiduciary duties.

In recent years, greater shareholder engagement and the explosion in the importance of institutional investors, who owe a fiduciary duty to their members, has shifted the focus again, from board - management relations to board - shareholder relationships.

Unlike the Premarital Agreements, the parties owe fiduciary duties to each other and must ensure that they fully disclose all of their assets and business dealings.

Directors and officers must still owe fiduciary duties when the corporation is insolvent.

Instead, times have changed, Sonsini's infant companies have gone public and the practices that were considered acceptable have changed, now that those companies are regulated by the SEC and owe a fiduciary duty to thousands of investors and shareholders.

After all, you owe fiduciary duties to your stockholders and they continue to see the value of their investment decline in the face of your inaction.

This may provide an incentive for schools, particularly for those who owe a fiduciary duty to shareholders, to focus primarily on enrollment rather than outcomes.

Hedge funds, however, are subject to the same prohibitions against fraud as are other market participants, and their managers owe a fiduciary duty to the funds that they manage.

Does the publishing house owe you a fiduciary duty?

You understand and agree that Muddy Waters Capital does not have any investment advisory relationship with you or does not owe fiduciary duties to you.

Only a private counsel firm owes you a fiduciary duty.

My point — which kinda got lost — is that you may have a legal right to audit someone who owes you a fiduciary duty.

Laws vary from state to state, but you may find that you have a right to audit anyone who owes you a fiduciary duty as a matter of law.

Only a private counsel firm owes you a fiduciary duty.

What if you have a «close personal relationship» with the landlord's agent, and think she owes you a fiduciary duty?