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. 267 RECEIVED NYSCEF: 10/01/2018
EXHIBIT 84
FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC.
7/11/2018 NO. 267 Botsoe Has New York Homes Listed Online RECEIVED NYSCEF: 10/01/2018
Dorothy
Dorothy Jensen Realty Inc.
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"Service With A
Buyer Resources - Articles
-
Buying Your Home Working With a Real Estate Agent
Can I use an agent for a new home?
Yes, however buyers should be aware of the differences inherent in working
with sales agents who are employed by the developer, rather than traditional
real estate agents.
Builders commonly require that an outside agent be present, and sign in,
the first time a prospective purchaser visits a site before payment of
commission even is discussed. At times when buyers use an advertisement
to find the development themselves first, builders can refuse to pay any
commission regardless of how helpful an agent may become later in the
process. It is advisable to call the development first and inquire about their
policy on compensating real estate agents if you are using one.
How do I find a real estate agent?
Getting a recommendation from a friend or work colleague is an excellent
way to find a good agent. Be sure to ask if they would use the agent again.
You also can call the managers of reputable real estate firms and ask them
for recommendations of agents who have worked in your neighborhood. In
any case, whether you are a buyer or a seller, you should interview at least
three agents to give yourself a choice. A good agent typically works full-time
and has several years of experience. If you are a seller, you should expect
to review a comparative market analysis, which includes recent home sale
prices in your area, when you talk to a prospective agent.
What about a buyer's agent?
In many states, it's now common for an agent to represent the buyers
exclusively in the transaction and be paid a commission by the sellers. More
and more buyers are going a step further, hiring and paying for their own
agent, referred to as buyers brokers.
How do you find a good agent?
Getting a recommendation from a friend or work colleague is an excellent
way to find a good agent, whether you are a buyer or a seller. Be sure to
ask if they would use the agent again. You also can call the managers of
reputable real estate firms and ask them for recommendations of agents
who have worked in your neighborhood.
A good agent typically works full-time and has several years of experience
at minimum. If you are a buyer, you don't usually pay for your agent's
services (in the form of a commission, or percentage of the sales price of
the home). All agents in a transaction usually are paid by the seller from the
sales proceeds. In many states, this means that your agent legally is acting
as a subagent of the seller. But in some states, it's legal for an agent to
represent the buyers exclusively in the transaction and be paid a
commission by the sellers. You also can hire and pay for your own agent,
known as buyer's brokers, whose legal obligation is exclusively to you. If
you are a seller, you should interview at least three agents, all of whom
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FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
NYSCEF DOC.
7/11/2018 NO. 267 Botsoe Has New York Homes Listed Online RECEIVED NYSCEF: 10/01/2018
Dorothy
should make a sales presentation including a comparative market analysis
of local home prices in your area. The best choice isn't always the agent
with the highest asking price for your home. Be sure to evaluate all aspects
of the agent's marketing plan and how well you think you can work with the
individual.
How much does my real estate agent need to know?
Real estate agents would say that the more you tell them, the better they
can negotiate on your behalf. However, the degree of trust you have with an
agent may depend upon their legal obligation. Agents working for buyers
have three possible choices: They can represent the buyer exclusively,
called single or represent the seller called sub-
agency, exclusively, agency,
or represent both the buyer and seller in a dual-agency situation. Some
states require agents to disclose all possible agency relationships before
they enter into a residential real estate transaction. Here is a summary of
the three basic types:
*
In a traditional relationship, real estate agents and brokers have a fiduciary
relationship to the seller. Be aware that the seller pays the commission of
both brokers, not just the one who lists and shows the property, but also to
the sub- who brings the and able buyer to the table.
broker, ready, willing
*
Dual agency exists if two agents working for the same broker represent
the buyer and seller in a transaction. A potential conflict of interest is
created ifthe listing agent has advance knowledge of another buyer's offer.
Therefore, the law states that a dual agent shall not disclose to the buyer
that the seller will accept less than the list price, or disclose to the seller that
the buyer will pay more than the offer price, without express written
permission.
*
A buyer also can hire his or her own agent who will represent the buyer's
interests exclusively. A buyer's agent usually must be paid out of the buyer's
own pocket but the buyer can trust them with financial information, knowing
itwill not be transmitted to the other broker and ultimately to the seller.
Where can I get information on buyer agents?
For information on buyer agents, contact the your area's Realtor association
or National Association of Exclusive Buyers Agents: 320 West Sabal Palm
Place, Suite 150, Longwood, FL 32779. Phone: 407-767-7700, Toll-Free:
800-986-2322, FAX: 407-834-4747, WEBSITE: www.naeba.org.
Dorothy Botsoe
Real Estate Broker
(914) 328-3650
My Home Tracker
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FILED: WESTCHESTER COUNTY CLERK 10/01/2018 05:13 PM INDEX NO. 60767/2018
7/11/2018 Dorothy BotsoeHas New York Homes ListedOnline
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 10/01/2018
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Dorothy Botsoe
Real Estate Broker
Dorothy Jensen Realty Inc
(914) 328-3650
(914) 328-8428
20 Haarlem Avenue
Suite #406
White Plains, NY 10603
License #: 31JE0830971
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Document Filed Date
October 01, 2018
Case Filing Date
July 14, 2018
Category
Commercial Division
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