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 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 482 RECEIVED NYSCEF: 05/14/2019
EXHIBIT 81
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC.
7/3/2018 NO. 482 BHHS RECEIVED
Nutshell NYSCEF: 05/14/2019
Realty
B H Nutshell Realty
HomeServices
ENTER LOCATION OR MLS#
SEARCH
SELLER REPRESENTATION
When selling a home in New York State agents are required to disclose their agency relatio
Seller"
York State Disclosure Form For Buyer And is the form used to explain agency relat
of the form explains in detail the various types of agency relationships you could have with
professional. Listed below are the differeñi. types of agency relationships. As a seller the
interests throughout the selling process is to understand agency. A qualified Realtor should
knowledgab!y speak to all types of agency and answer any questions you might have.
SELLER'S AGENCY (SELLER AGENT)
Seller's agents are hired by the seller to represent the seller interests throughout the selling
professionally listing your property, securing a buyer at a price and terms acceptable to t
acts in the sellers best interest and is required to provide the following; A seller's agent
interests of the buyer. In dealings with the buyer, a seller's agent should (a) exercise reas
performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose
agent materially affecting the value or desirability of property, except as otherwise provided
• Confidentialit
• Care
•
Loyalty
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
7/3/2018 BHHS NutshellRealty
NYSCEF DOC. NO. 482 RECEIVED NYSCEF: 05/14/2019
• Disclosure
• Diligence
A buyer's agent acts in the best interests of the buyer from the beginning to the end of the transaction.
DUALAGENCY(DUAL AGENT)
Real estate agents may from time to time represent both the buyer and seller in a real estate transaction; this
results in "Dual Agency". By having to provide the fullrange of fiduciary responsibilities to both buyer and seller a
potential conflict of interests exists. When thisoccurs an agent is required fullyexplain to both parties that Dual
agency exists and is required to obtain permission of both parties in writing. When practicing Dual Agency an
agent cannot provide loyalty to both parties.
DESIGNATED AGENCY (DESIGNATED AGENT)
In an effort to eliminate the potential conflict of interest brought about by dual agency, New York State law
provides the option of "Designated Agency". This permits the sponsoring broker to select a sales person to
represent the seller and another sales person to represent the buyer. This allows for representation for both buyer
and seller without conflict of interest. Permission must be obtained in writing from both parties.
For a complete New York State Disclosure Form For Buyer And Seller please click on the link below.
New York State Disclosure Form for Buyer and Seller
Exclusive Right To Sell Listing Agreement
STAY CONNECTED
http://www.nutshellrealty.com/seller-representation.aspx 2/3
FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018
NYSCEF DOC.
7/3/2018 NO. 482 BHHS RECEIVED
Nutshell NYSCEF: 05/14/2019
Realty
Document Filed Date
May 14, 2019
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 482 RECEIVED NYSCEF: 05/14/2019 EXHIBIT 81 FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. 7/3/2018 NO. 482 BHHS RECEIVED Nutshell NYSCEF: 05/14/2019 Realty B H Nutshell Realty HomeServices ENTER LOCATION OR MLS# SEARCH SELLER REPRESENTATION When selling a home in New York State agents are required to disclose their agency relatio Seller" York State Disclosure Form For Buyer And is the form used to explain agency relat of the form explains in detail the various types of agency relationships you could have with professional. Listed below are the differeñi. types of agency relationships. As a seller the interests throughout the selling process is to understand agency. A qualified Realtor should knowledgab!y speak to all types of agency and answer any questions you might have. SELLER'S AGENCY (SELLER AGENT) Seller's agents are hired by the seller to represent the seller interests throughout the selling professionally listing your property, securing a buyer at a price and terms acceptable to t acts in the sellers best interest and is required to provide the following; A seller's agent interests of the buyer. In dealings with the buyer, a seller's agent should (a) exercise reas performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose agent materially affecting the value or desirability of property, except as otherwise provided • Confidentialit • Care • Loyalty FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 7/3/2018 BHHS NutshellRealty NYSCEF DOC. NO. 482 RECEIVED NYSCEF: 05/14/2019 • Disclosure • Diligence A buyer's agent acts in the best interests of the buyer from the beginning to the end of the transaction. DUALAGENCY(DUAL AGENT) Real estate agents may from time to time represent both the buyer and seller in a real estate transaction; this results in "Dual Agency". By having to provide the fullrange of fiduciary responsibilities to both buyer and seller a potential conflict of interests exists. When thisoccurs an agent is required fullyexplain to both parties that Dual agency exists and is required to obtain permission of both parties in writing. When practicing Dual Agency an agent cannot provide loyalty to both parties. DESIGNATED AGENCY (DESIGNATED AGENT) In an effort to eliminate the potential conflict of interest brought about by dual agency, New York State law provides the option of "Designated Agency". This permits the sponsoring broker to select a sales person to represent the seller and another sales person to represent the buyer. This allows for representation for both buyer and seller without conflict of interest. Permission must be obtained in writing from both parties. For a complete New York State Disclosure Form For Buyer And Seller please click on the link below. New York State Disclosure Form for Buyer and Seller Exclusive Right To Sell Listing Agreement STAY CONNECTED http://www.nutshellrealty.com/seller-representation.aspx 2/3 FILED: WESTCHESTER COUNTY CLERK 05/14/2019 05:40 PM INDEX NO. 60767/2018 NYSCEF DOC. 7/3/2018 NO. 482 BHHS RECEIVED Nutshell NYSCEF: 05/14/2019 Realty