On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 10/01/2018
EXHIBIT 23
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 184
9/28/2018 Dual in Georgia Hank Miller Team RECEIVED NYSCEF: 10/01/2018
Agency | The
THE
PHONE:678-428-8276 f W in
8+ hh
ESTD. TEAM 1994
H A R R Y N O R M A N. R E AL TO RS®
MARKET
HOME SEARCH BUYERS SELLERS COMMUNITIES TRENDS BLOG APPRAISALS EDUCATION ABOUT CONTACT
NORTH ATLANTA REAL ESTATE
Dual Agency in Georgia
P e ce n t P o sts
Dual agencyin Georgia - Georgia law allows both parties to agree to
siGI ÅTEÔ DUÅL AGENCY REALT
-- have one agent or broker represent them in a real estate transaction at
. nÄ Welcome to Atlanta News and
- who conniet onn ere the same time. In other the agent or broker has a client
words, Events for September. ...
relationshio with all parties to the transaction without acting in a LEARN MORE >
designated agency capacity. In these situations, neither party is
exclusively represented by a designated real estate agent. This type of
The iBuyer pitch is familiar, sell
brokerage relationship is called "dual agency". your faste...
home
LEARN MORE >
Opposing Teams. Same Locker Room???
If you follow us on Instagram, you
relationship"
A "client includes the expectation of maintaining client confidence in all matters of the transaction as well as know how much w...
data analysis, suggesting courses of action, contract prep and much more. So how is a single agent able to do that for both LEARN MORE >
buyer and seller? They're not.
The reason why your home isn't
Yet and still, some buyers insist on not utilizing a buyer's agent to represent them and some sellers allow buyers to work T
selling may easily ...
with their agent - well their agent. The buyer wants to spend the least amount of money on a home; LEARN MORE >
listing formerlisting
the seller wants to capture the highest price possible, how can either benefit? The agent however, collects both ends of the
so there is that. Dual is especially common with new construction - either due to a lack of
commission, agency
What happens when a buyer or
money"
understanding or the misguided notion that the buyer will "save or get a "rebate". There are a number of important
seller defaults on a ...
reasons to have a buyer's agent when buying new home, representation is just one of them. The bottom line is that with LEARN MORE >
dual agency there is one clear and consistent winner; the agent.
Welcome 504 Affirmed Lane,
The most likely place a prospective buyer will
How can one agent represent a buy Milton, GA. This 6 Be...
effectively
encounter dual agency is at an open house, whether LEARN MORE >
and seller? The buyer wants to pay as little as
for a previously owned home or new construction. .
possible, the seller wants them to pay as
The agent on site represents the seller, not the buyer
much as possible. How can an agent be an .
walking in. With new construction, builders use their Q u c k Sea rc h
https://hankmillerteam.com/education/dual-agency-in-georgia/ 1/3
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 184
9/28/2018 Dual in Georgia Hank Miller Team RECEIVED NYSCEF: 10/01/2018
Agency | The
own representatives and their own documents when advocate for both sides during Address, City, Zip, Subdivision, MLS#
buyers come calling. Buyers need to be educated and negotiation, with the inspection, appraisal,
should not count on having the 3 percent commission survey...? Only the agent wins with dual Search By Price
credited to them because it won't happen. There is no agency· Maximum
Minimum
savings, the developer pays a set commission to the
listing broker regardless of buyer representation. Use a buyers agent, there is almost always no cost to the buyer!
Bedrooms Bathrooms
Georgia law allows real estate brokers to act as dual agents if they first get the written consent of both parties. The written
consent must contain the following:
Subdivisions
Choose Your Subdivisions
• a description of the types of transactions in which the licensee will serve as a dual agent;
• a statement that as a dual agent, the licensee represents two clients whose interests could be different or even adverse;
• a statement that the dual agent will disclose all adverse material facts regarding the transaction known to the dual Sort By
agent to all parties to the transaction except for information that is made confidential by request of another client and Price - High to Low
that is not allowed or required by law to be disclosed;
• a statement that the licensee will disclose to each client in the transaction the nature of any material the Advanced Search
relationship
licensee or his or her broker have with other clients in the transaction other than incidental to the transaction;
• a statement that the client does not have to consent to the dual agency; and
Ca te g o r ies
• a statement that the client's consent has been given and that the client has read and understood the
voluntarily
Appraisals & Valuation
brokerage engagement agreement; This special consent is required because of the potential for conflicts of interest in
dual agency transactions.
Area Snapshots
Drones & Videos
Dual agency has been outlawed in four states, ten others have it under consideration. Is it legal, yes. Is it smart? Does that
question need to be asked? ALWAYS have independent representation, ALWAYS. Read about brokerage relationships in Featured
Georgia
Glimpses of the South
Home Buyers
Home Sellers
Legal & Common Sense
Market Conditions
Monthly Atlanta News & Events
Selecting a Pealtor
https://hankmillerteam.com/education/dual-agency-in-georgia/ 2/3
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 184 Dual in Georgia RECEIVED NYSCEF: 10/01/2018
9/28/2018 Agency | The Hank Miller Team
https://hankmillerteam.com/education/dual-agency-in-georgia/ 3/3
Document Filed Date
October 01, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 10/01/2018 EXHIBIT 23 FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 184 9/28/2018 Dual in Georgia Hank Miller Team RECEIVED NYSCEF: 10/01/2018 Agency | The THE PHONE:678-428-8276 f W in 8+ hh ESTD. TEAM 1994 H A R R Y N O R M A N. R E AL TO RS® MARKET HOME SEARCH BUYERS SELLERS COMMUNITIES TRENDS BLOG APPRAISALS EDUCATION ABOUT CONTACT NORTH ATLANTA REAL ESTATE Dual Agency in Georgia P e ce n t P o sts Dual agencyin Georgia - Georgia law allows both parties to agree to siGI ÅTEÔ DUÅL AGENCY REALT -- have one agent or broker represent them in a real estate transaction at . nÄ Welcome to Atlanta News and - who conniet onn ere the same time. In other the agent or broker has a client words, Events for September. ... relationshio with all parties to the transaction without acting in a LEARN MORE > designated agency capacity. In these situations, neither party is exclusively represented by a designated real estate agent. This type of The iBuyer pitch is familiar, sell brokerage relationship is called "dual agency". your faste... home LEARN MORE > Opposing Teams. Same Locker Room??? If you follow us on Instagram, you relationship" A "client includes the expectation of maintaining client confidence in all matters of the transaction as well as know how much w... data analysis, suggesting courses of action, contract prep and much more. So how is a single agent able to do that for both LEARN MORE > buyer and seller? They're not. The reason why your home isn't Yet and still, some buyers insist on not utilizing a buyer's agent to represent them and some sellers allow buyers to work T selling may easily ... with their agent - well their agent. The buyer wants to spend the least amount of money on a home; LEARN MORE > listing formerlisting the seller wants to capture the highest price possible, how can either benefit? The agent however, collects both ends of the so there is that. Dual is especially common with new construction - either due to a lack of commission, agency What happens when a buyer or money" understanding or the misguided notion that the buyer will "save or get a "rebate". There are a number of important seller defaults on a ... reasons to have a buyer's agent when buying new home, representation is just one of them. The bottom line is that with LEARN MORE > dual agency there is one clear and consistent winner; the agent. Welcome 504 Affirmed Lane, The most likely place a prospective buyer will How can one agent represent a buy Milton, GA. This 6 Be... effectively encounter dual agency is at an open house, whether LEARN MORE > and seller? The buyer wants to pay as little as for a previously owned home or new construction. . possible, the seller wants them to pay as The agent on site represents the seller, not the buyer much as possible. How can an agent be an . walking in. With new construction, builders use their Q u c k Sea rc h https://hankmillerteam.com/education/dual-agency-in-georgia/ 1/3 FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 184 9/28/2018 Dual in Georgia Hank Miller Team RECEIVED NYSCEF: 10/01/2018 Agency | The own representatives and their own documents when advocate for both sides during Address, City, Zip, Subdivision, MLS# buyers come calling. Buyers need to be educated and negotiation, with the inspection, appraisal, should not count on having the 3 percent commission survey...? Only the agent wins with dual Search By Price credited to them because it won't happen. There is no agency· Maximum Minimum savings, the developer pays a set commission to the listing broker regardless of buyer representation. Use a buyers agent, there is almost always no cost to the buyer! Bedrooms Bathrooms Georgia law allows real estate brokers to act as dual agents if they first get the written consent of both parties. The written consent must contain the following: Subdivisions Choose Your Subdivisions • a description of the types of transactions in which the licensee will serve as a dual agent; • a statement that as a dual agent, the licensee represents two clients whose interests could be different or even adverse; • a statement that the dual agent will disclose all adverse material facts regarding the transaction known to the dual Sort By agent to all parties to the transaction except for information that is made confidential by request of another client and Price - High to Low that is not allowed or required by law to be disclosed; • a statement that the licensee will disclose to each client in the transaction the nature of any material the Advanced Search relationship licensee or his or her broker have with other clients in the transaction other than incidental to the transaction; • a statement that the client does not have to consent to the dual agency; and Ca te g o r ies • a statement that the client's consent has been given and that the client has read and understood the voluntarily Appraisals & Valuation brokerage engagement agreement; This special consent is required because of the potential for conflicts of interest in dual agency transactions. Area Snapshots Drones & Videos Dual agency has been outlawed in four states, ten others have it under consideration. Is it legal, yes. Is it smart? Does that question need to be asked? ALWAYS have independent representation, ALWAYS. Read about brokerage relationships in Featured Georgia Glimpses of the South Home Buyers Home Sellers Legal & Common Sense Market Conditions Monthly Atlanta News & Events Selecting a Pealtor https://hankmillerteam.com/education/dual-agency-in-georgia/ 2/3 FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 184 Dual in Georgia RECEIVED NYSCEF: 10/01/2018 9/28/2018 Agency | The Hank Miller Team https://hankmillerteam.com/education/dual-agency-in-georgia/ 3/3