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 12/06/2021 05:33 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1014 RECEIVED NYSCEF: 12/06/2021
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 49
HL OPP. - EXHIBIT 49 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 05:33 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1014 RECEIVED NYSCEF: 12/06/2021
GUIDELINES FOR C0!\.1PLETING CONflRMATJON OF COMPENSATION
FORM (Stanbrd Form 770)
NC Rea) Est.ale Commission ruk:.58A.0109(e) requitt11 real estate igtnts to di11closc the l\'!Ceipt of (or the expectation d
receiving) any
eompcnsaiion, incentive.• bonUSi, ttbate, or other \'aluable consideration ("'Compensation'') from a third-pany u.nder ec::ain
circumstances. A summary of the rule's requirements is as followll:
The ru:e applies to real estate salet transaclions
The ru'.e applies to receipts from any party or person other flan the agent's client (other party to transaccion, other party's agent,
veodor or supplier of goods or servieell. etc.)
Disclosure mulit be made to the agent's client
The disclosure must descnDe the Compen.,;atioo including:
o lls \'alue
o The identity of the, person or party by whom it will or may be paid
The disclosure must be "timely"
o According to the. nc.w ruk. "(a] disdMurt. is timclywbcn it is made in suff,cient time to aid a reasonab:e person' s
decision•making"
The disclosure may be, made orally. but it must be confirmed in writing before the c.Jient makes or aocept.1 an offer to buy or sell
The, rule.docs NOT ttquire disclosure:
l'o a person who is not the agent's client the oompensation the agent expects to receive from hili/bcr c.Jient
EXAMPLE #I: Li,ting agent offers cooperative.compensation of Y•AI of lhe sales price of lhe prope11y to sut~gents and
buyec agent1 .,..,bo panicipate in the MLS.
An agCDt working as a sub3gent with a prospective buye1 would 061 be required
undec the rule to discl05t' the compensation the ,ubagent ,xpocts to tccth'e if the buyer purchases the propeny bocaus.e the
buyec is not the. subagent's e-l ient
l'o thcagcnf11 c!itnt the compensation tbc, agent expccts to receive from bis/her r~I estate firm
EXAMPLE #1: Firm and agent enter into indepc:Ddena contraetor agrcemena pursuant to which firm agrees to pay agent in
acco,dance wilb an atta('hcd compe1U3lioo sicbcdule.
The. sicbcdule provides lbat the brokerage fees on elo$td ttansactions in
whic:i the a.gent is invoh 1cd will be split between firm and a.gent in difftring percentagts depending oo bow many clos.ed
translction.1 agent is in\'Olved in during a spccifttd period of time.
Agent vlorb wilh a buye1 client wbo is i11tc1\Wli.,--d in a
prop«ty Listed in MLS. Ahbougb agent would be requit!d to disclose. to the, bU)'t'r c!itnt before. the buyer makc11 an offe1 on
the property the amount of cooperati\'e.compensation bei1g offered by the li,ting agent. lhe agent would not tc. rtquired by
the n le to disc.lose to the buyer client the, manner in whiC:1 the ooopcralive compensation will be divided bet"'ccn the a.gent
and tbc a.gem' s fum.
If the written agency agreement betwcen the agent aod the client d!:Stribes all the compensation to be recch·ed. includfog its value and
the identity of the, person paying it. oo fwlher disclosure is rtquirol
EXAMPLE #3: Buyer agency agrtemcot indkates lhaa ift,uycr buys propcny during term of agrcemenl. agent will be entitled
to a comnis11ioo of X•AI of purchase prioe of property. and tbru. agent wiU s.eek payment of commission from listffi! a.gent or seller.
Buyer bocomes interest<..--d in listtd propeny and bU)'Cr a.gent dJtcrmiDCs that listing fum is offering cooperative co:npensatioo
thtou.g.h tJtc. muhiplc- li:f REALTORS , Inc. Rel'lsed 7/1001
() 7/2013
HL OPP. - EXHIBIT 49 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 12/06/2021 05:33 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1014 RECEIVED NYSCEF: 12/06/2021
Examples of wbcn Rule 58A.0 109(c) DOE.$ require disdOllurc of 001npc1u a1ion. inocnth'e. bonu.1. rebate, or other valuable,
considt'ratioo:
Compensation in additioo to toot described in the agency ag.rte1ncnt
EXAMPLE #4: Same factf as EXAMPLE #3 abo,1e. except listing agtm ill offe1ing ooo,erating agents a commission of
X% ph.1ll I. Buyc1 ag('flt wou.d be rcquittd to disclose to buytr client any oompcnsation abo\'t, X% that ht/she expccu to
rtcth't, if buyer purcha$t'S pr,>ptrty and coo.firm Sl)Ch discl
Document Filed Date
December 06, 2021
Case Filing Date
July 14, 2018
Category
Commercial Division
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