Sentences with phrase «represents as a fiduciary»

As used in this section, the term «dual agent» means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction.

Not exact matches

We represent some of America's largest corporations, as well as investment managers, that, as fiduciaries, represent millions of individual savers and pension beneficiaries.

The greater the proportion of such reserves (plus vault cash) relative to their outstanding deposit liabilities, the more of the outstanding deposit money is in fact represented by «covered» money substitutes as opposed to fiduciary media.

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

Core real estate, as represented by the National Council of Real Estate Investment Fiduciaries Property Index, tends to have similar volatility to corporate and government bonds with a higher return over the long term.

We represent clients in a broad range of will contests, including claims of undue influence and breach of fiduciary duties, as well as with issues regarding guardianships, conservatorships, and personal representative disputes.

Mr. Miller regularly represents institutional lenders, companies in distress, fiduciaries (trustees and examiners), other key constituencies in chapter 11 cases, as well as buyers and sellers of distressed debt.

Michael Muse - Fisher represents public and private companies in a variety of state, federal and administrative cases involving contract disputes, commercial litigation, licensing and intellectual property matters, eminent domain / inverse condemnation, government tort liability, breach of fiduciary duty, as well as land - related torts.

Ms. Glazier has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

She administers estates and represents trustees, personal representatives, and other fiduciaries as well as beneficiaries and creditors of estates in transactional and litigation matters.

Paul has extensive experience handling all matters related to civil appeals, and has successfully represented clients in appellate cases involving real estate law, family law and divorce, and personal injury claims, as well as business or fiduciary (estate and probate) cases.

The Committee can be expected to play a significant role in the case as a fiduciary body acting on behalf of unsecured creditors generally, but can represent the interests of no creditor individually.

We advise and represent professional fiduciaries and family members serving as conservators, guardians, personal representatives, trustees or agents under durable powers of attorney.

He represents clients across a range of industries, including finance, healthcare and manufacturing, in both the defense and prosecution of claims involving matters such as breach of contract, fiduciary breach, fraud and the False Claims Act.

As a litigator, Craig represents businesses and individuals in employment, commercial litigation, minority shareholder rights, breach of fiduciary duty, breach of contract, unpaid wages and commissions, trade secrets, non-competition, deceptive trade practices, sales representatives, and unfair competition matters.

As part of his practice, Mr. Avraam has represented employers whose employees and former employees have engaged in significant misconduct, including committing fraud against their employers, as well misappropriating the employers confidential information or otherwise breaching their fiduciary dutieAs part of his practice, Mr. Avraam has represented employers whose employees and former employees have engaged in significant misconduct, including committing fraud against their employers, as well misappropriating the employers confidential information or otherwise breaching their fiduciary dutieas well misappropriating the employers confidential information or otherwise breaching their fiduciary duties.

She has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

We represent debtors, creditors and other significant restructuring participants — across all industries — in all types of restructuring and insolvency related litigation, such as contested plan confirmation hearings, adversary proceedings, fiduciary duty / director and officer (D&O) cases, and fraudulent transfer and avoidance litigation.

Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).

Our Arizona probate attorneys represent both beneficiaries and fiduciaries, such as executors, trustees, conservators, guardians and attorneys - in - fact, in the following types of Arizona probate litigation:

He concentrates his practice in the areas of probate and trust litigation, as well as commercial litigation, representing fiduciaries and beneficiaries in high stakes trust and estate disputes.

The fact that so many Realtors need to be reminded of this kind of advice as well as of other commons sense - based information is a testament to the sad state of affairs that Organized Real Estate finds itself in as it continues to populate its ranks with charismatic know - nothings (beyond answering some questions correctly — well, at least 80 % of them anyway — on three exams) paying for whiz - bang websites and script - ready manipulative speeches designed to make consumers think that they are the cat's ass when it comes to who will best represent their fiduciary interests (read... get them the most money for a sale or the most house for the money).

As your fiduciary, an agent is held by law to owe specific duties to his / her principal (person who they are representing).

Part of Full Agency is the fiduciary element of «undivided loyalty» and as such a Real Estate Professional, REALTOR, who is representing a Full Client can't focus equally on everyone because it would be a breach of their Fiduciary Responfiduciary element of «undivided loyalty» and as such a Real Estate Professional, REALTOR, who is representing a Full Client can't focus equally on everyone because it would be a breach of their Fiduciary ResponFiduciary Responsibility!

The Brokerage argued that the Buyer had not suffered any loss from the fiduciary duty breach, as the earnest money represented the amount the Buyer owed to the Sellers as liquidated damages for the failure of the purchase agreement to close.

Most of these professionals act as fiduciaries and place a high value on your ability to represent the referees (often their own clients) they send to you.

Donald, In your next column would you consider reviewing CREA and TREB, as non-profit bodies for the membership they represent and pass comment on the fiduciary duties, that in all probability, they must represent.

The transaction broker statute provides that transaction brokerage is a limited form of representation where the broker does not represent its client as a fiduciary.

When I explain «fiduciary» to my clients I always say to them that when I am representing them as their agent I am «putting myself in their shoes».

«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.

«Single agent» means a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction.

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

First, the agent must be guided by her fiduciary duty to her client, as expressed by Article 1 of the Code: «When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS ® pledge themselves to protect and promote the interests of their client.»

Issue: When a broker acts as a dual agent, representing both buyer and seller in a real property transaction — does the salesperson acting under the broker have the same fiduciary duty to buyer and seller as the broker?