649 DOS 02 DOS v. Holzbach — disclosure of agency relationships; proper business practices; sanctions; unauthorized practice of law; vicarious liability; broker fails to timely provide agency disclosure form to buyer although disclosure form could have been faxed to and received from buyer; broker back dated agency disclosure form demonstrating incompetency; use of designated agent form without the use of
required agency disclosure form pursuant to RPL § 443 (4); use of «removal of contingency» addendum to contract which did not contain an attorney approval clause and was not on a form jointly approved by the County Bar Association and REALTOR Association constituted the unauthorized practice of law; corporate broker liable for the acts of its representative broker; proper to impose a higher fine after hearing than that which was offered in settlement (joint fine of $ 2,000.00 offered); associate broker fined $ 2,000.00, representative broker fined $ 1,000.00, and corporate broker fined $ 2,000.00
The court first considered the Owner's argument that the listing agreement extension in 2005 was invalid because the Broker had not provided
the required agency disclosure forms with this revised listing agreement.
Not exact matches
«Suspicion» in the Proceeds of Crime Act 2002, s 330 has been interpreted to mean that a bank will be
required to make a
disclosure wherever it, subjectively,
forms a settled view that there is a more than fanciful possibility that the relevant facts which give rise to the suspicion of money laundering exist (see K Ltd v National Westminster Bank plc (Revenue and Cutoms Prosecution Office and Serious Crime
Agency intervening)[2006] EWCA Civ 1039, [2006] All ER (D) 269 (Jul)-RRB-.
A standard
form is provided by other
agencies where the statute
requires a consumer
disclosure.
Herb and several other brokers favor a policy that
requires all mandatory legal documents — from
agency disclosure forms to lead - based paint statements — to be in the transaction file before the company pays the salesperson's commission.
They
formed the Massachusetts Association of Buyer Agents and worked to have legislation put in place to
require signed
disclosure of
agency for buyers and sellers.
Let's not forget the Dual
Agency disclosure form that is again
required signing before a Dual
Agency Agreement is entered into, although said Agreement already provides a warning.
Once the
required forms or court order have been supplied, the landlord must generally keep the information confidential and is subject to strict rules about
disclosure to other tenants, police, immigration authorities and child welfare
agency representatives.
According to the NAR State Issues Tracker, as of June 2013, «a great majority of the jurisdictions [surveyed](91 percent) * allow dual
agency with appropriate
disclosures and accompanying consents» and «Several states» rules
require specific
forms or language to be included in a dual
agency agreement.»
The Clients argued that because they had never received the statutorily
required disclosure form, the common law of
agency governed their transaction.
Nebraska law
requires all real estate Licensees to present and explain the
agency disclosure form to all unrepresented parties and potential parties in a real estate transaction.
9 DOS 94 Matter of DOS v. Shane - motion for pre-hearing discovery beyond SAPA 401 (6) is denied; rules re: subpoenas in administrative proceedings reiterated; proper procedure of reserving right to file post-hearing memorandum of law; MLS
form listing agreements are acceptable; individual license not sufficient to allow acting as representative of corporate licensee - need affiliated license; agreements procured by individual acting under name of firm but without affiliated license are illegal and unenforceable - no brokerage fee can be claimed; misrepresentation and execution of unauthorized extension; misrepresentation of law (distinction between canceling
agency authority and abiding contract rights); RPL § 443 controls the
disclosures required of licensees; subsequently licensed corporation not vicariously liable; failure to provide copy of agreement (19 NYCRR 175.12); inadvertence considered in determining penalty
Many states
require that agents give buyers and sellers an
agency disclosure form to sign.