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