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 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 402 RECEIVED NYSCEF: 05/14/2019
EXHIBIT 23
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC.
9/28/2018 NO. 402 Dual in RECEIVED
Georgia NYSCEF:
Hank Miller 05/14/2019
Team
Agency | The
THE
PHONE:678-428-8276 f
ESTD. TEAM 1994
HA RRY N O R M A N. R E ALTO RS®
MARKET
HOME SEARCH BUYERS SELLERS COMMUNITIES TRENDS BLOG APPRAISALS EDUCATION ABOU
NORTH ATLANTA REAL ESTATE
Dual Agency in Georgia
P e ce n
Dual agencyin Georgia - Georgia law allows both parties to agree to
siGIÅTEÔ DUÅL AGENCY REALT
-- have one agent or broker represent them in a realestate transaction at
. nÄ
- who conniet onn
ere the same time. In other the agent or broker has a client
words,
relationshio with all parties
to the transaction without acting in a
designated agency capacity. In these situations,neither party is
exclusively represented by a designated real estateagent. This type of
brokerage relationship iscalled "dualagency".
Opposing Teams. Same Locker Room???
relationship"
A "client includes the expectation of maintaining clientconfidence in allmatters of the transaction as well as
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC.
9/28/2018 NO. 402 Dual in RECEIVED
Georgia NYSCEF:
Hank Miller 05/14/2019
Team
Agency | The
own representatives and their own documents when advocate for both sides during Addres
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
credited to them because itwon't happen. There is no agency·
Minim
savings, the developer pays a setcommission to the
listingbroker regardless of buyer representation. Use a buyers agent, there is almost always no cost to the buyer!
Bedroo
Georgia law allows realestate brokers to actas dual agents ifthey firstget the written consent of both parties.The written
consent must contain the following:
Subdivis
Choose
• a description of the typesof transactions in which the licenseewill serve as a dualagent;
• a statement that as a dualagent, the licensee represents two clientswhose interestscould be differentor even adverse;
• a statement that the dual agent willdisclose alladverse material facts the transaction known to the dual
regarding Sort
agent to allpartiesto the transaction except for information that is made confidential by request of another clientand Pric
thatis notallowed or required by law to be disclosed;
• a statement that the licenseewill discloseto each client in the transaction the nature of material the
any relationship
licenseeor hisor her broker have with other clients in the transactionother than incidental to the transaction;
• a statement that the clientdoes not have to consent to the dual agency; and
Ca te g
• a statement that the client's
consent has been given and that the clienthas read and understood the
voluntarily
Appraisals
brokerage engagement agreement; This special consent is required because of the potential for conflictsof interestin
dual agency transactions.
Area Sn
Drones
Dual agency has been outlawed in four states,ten others have it under consideration. Isitlegal, yes. Is it
smart? Does that
question need to be asked? ALWAYS have independent representation, ALWAYS. Read about brokerage relationshipsin Featured
Georgia
Glimpses
Home
Home
Legal &
Market
Monthly
Selecting
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 402 Dual in RECEIVED
Georgia NYSCEF:Miller 05/14/2019
9/28/2018 Agency | The Hank Team
Document Filed Date
May 14, 2019
Case Filing Date
July 14, 2018
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 402 RECEIVED NYSCEF: 05/14/2019 EXHIBIT 23 FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. 9/28/2018 NO. 402 Dual in RECEIVED Georgia NYSCEF: Hank Miller 05/14/2019 Team Agency | The THE PHONE:678-428-8276 f ESTD. TEAM 1994 HA RRY N O R M A N. R E ALTO RS® MARKET HOME SEARCH BUYERS SELLERS COMMUNITIES TRENDS BLOG APPRAISALS EDUCATION ABOU NORTH ATLANTA REAL ESTATE Dual Agency in Georgia P e ce n Dual agencyin Georgia - Georgia law allows both parties to agree to siGIÅTEÔ DUÅL AGENCY REALT -- have one agent or broker represent them in a realestate transaction at . nÄ - who conniet onn ere the same time. In other the agent or broker has a client words, relationshio with all parties to the transaction without acting in a designated agency capacity. In these situations,neither party is exclusively represented by a designated real estateagent. This type of brokerage relationship iscalled "dualagency". Opposing Teams. Same Locker Room??? relationship" A "client includes the expectation of maintaining clientconfidence in allmatters of the transaction as well as FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. 9/28/2018 NO. 402 Dual in RECEIVED Georgia NYSCEF: Hank Miller 05/14/2019 Team Agency | The own representatives and their own documents when advocate for both sides during Addres 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 credited to them because itwon't happen. There is no agency· Minim savings, the developer pays a setcommission to the listingbroker regardless of buyer representation. Use a buyers agent, there is almost always no cost to the buyer! Bedroo Georgia law allows realestate brokers to actas dual agents ifthey firstget the written consent of both parties.The written consent must contain the following: Subdivis Choose • a description of the typesof transactions in which the licenseewill serve as a dualagent; • a statement that as a dualagent, the licensee represents two clientswhose interestscould be differentor even adverse; • a statement that the dual agent willdisclose alladverse material facts the transaction known to the dual regarding Sort agent to allpartiesto the transaction except for information that is made confidential by request of another clientand Pric thatis notallowed or required by law to be disclosed; • a statement that the licenseewill discloseto each client in the transaction the nature of material the any relationship licenseeor hisor her broker have with other clients in the transactionother than incidental to the transaction; • a statement that the clientdoes not have to consent to the dual agency; and Ca te g • a statement that the client's consent has been given and that the clienthas read and understood the voluntarily Appraisals brokerage engagement agreement; This special consent is required because of the potential for conflictsof interestin dual agency transactions. Area Sn Drones Dual agency has been outlawed in four states,ten others have it under consideration. Isitlegal, yes. Is it smart? Does that question need to be asked? ALWAYS have independent representation, ALWAYS. Read about brokerage relationshipsin Featured Georgia Glimpses Home Home Legal & Market Monthly Selecting FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 402 Dual in RECEIVED Georgia NYSCEF:Miller 05/14/2019 9/28/2018 Agency | The Hank Team