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.
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FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018
EXHIBIT 38
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018
al Trade Commission
Re ort b the Los An eles Re ional Office
The ResÎdential Real Estate
Brokerage Industry
Volume I
December,
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018
- -
69
are renoved fran the sample, 41 percent of the remaining bu ers resp
rates are fixed either by law or by the Boards of Realtors
Buyer Question 53, a questicn identical to its counterpart selle
asked buyers whether they agreed or disagreed with the statement "c
law."
percentage rates are fixed by One-third (33%) of all buyers
agreed with this statement. Three-fifths (60%) of this s
strongly
buyers failed to disagree with this false statement, a result identica
of the parallel sellers question.
(2) Buyer Knowledge of the
Role of the Broker
Our Consumer Survey revealed that the level of buyer knowledge
of the broker is also low.
Buyer Question 31 asked: "Rio do you think the agent who handl
purchase of your house was representing?=9J8 A total of 57 percent
believed that the broker with whom they were dealing was representing
total of 66 percent of all buyers believed the broker was representing
buyer, or the buyer and the seller, in the transaction. Thus nearly
of all buyers in our study believed that representation was being
buyer.
Where a cooperating broker was involved, 72 percent of the buy
that the cooperating broker was representing the buyer and not the
Even 31 percent of the buyers in transactions where only ane broker
believed that the broker represented the buyer.100/ However, as in
the sellers survey, there is no guarantee that buyers understand th
"representation"
in the same way as brokers or attorneys.
(3) Broker Ible in Providing
Information
The results of the buyers survey also support the conclusion
12/ Using the methodology outlined in note 33, supra.
Document Filed Date
October 01, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018 EXHIBIT 38 FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018 al Trade Commission Re ort b the Los An eles Re ional Office The ResÎdential Real Estate Brokerage Industry Volume I December, FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 211 RECEIVED NYSCEF: 10/01/2018 - - 69 are renoved fran the sample, 41 percent of the remaining bu ers resp rates are fixed either by law or by the Boards of Realtors Buyer Question 53, a questicn identical to its counterpart selle asked buyers whether they agreed or disagreed with the statement "c law." percentage rates are fixed by One-third (33%) of all buyers agreed with this statement. Three-fifths (60%) of this s strongly buyers failed to disagree with this false statement, a result identica of the parallel sellers question. (2) Buyer Knowledge of the Role of the Broker Our Consumer Survey revealed that the level of buyer knowledge of the broker is also low. Buyer Question 31 asked: "Rio do you think the agent who handl purchase of your house was representing?=9J8 A total of 57 percent believed that the broker with whom they were dealing was representing total of 66 percent of all buyers believed the broker was representing buyer, or the buyer and the seller, in the transaction. Thus nearly of all buyers in our study believed that representation was being buyer. Where a cooperating broker was involved, 72 percent of the buy that the cooperating broker was representing the buyer and not the Even 31 percent of the buyers in transactions where only ane broker believed that the broker represented the buyer.100/ However, as in the sellers survey, there is no guarantee that buyers understand th "representation" in the same way as brokers or attorneys. (3) Broker Ible in Providing Information The results of the buyers survey also support the conclusion 12/ Using the methodology outlined in note 33, supra.