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 03/22/2022 05:03 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022
HOULIHAN LAWRENCE
OPPOSITION TO MOTION TO CERTIFY
EXHIBIT 36
HL OPP. - EXHIBIT 36 - PAGE 1
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 05:03 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022
NEW YORK STATE DISCLOSURE FORM FOR BUYER AND SELLER
THIS IS NOT A CONTRACT
New York statelaw requiresrealestatelicenseeswho to account.A buyers agent does notrepresentthe
are actingas agentsofbuyersir of
sellers propertyto interests
of theseller.
The obligationsof a buyers
advisethe potentialbuyers orsellerswith whom they agent are also
subject to anyspecificprovisionsset
work of the natureoftheiragency relationshipand forthin an aginement between the agentand the buy-
the rights
and obligationsit creates.
Thisdisclosure er.In dealingswith the a buyer's
seller, agent should
willhelp you to make informed choices aboutyour (a)exercisereasonable skilland carein performance
with
relationship the realestatebrokerand its sales of theagents duties;(b)deal honestly, and
fairly in
agents. good faith;and (c)discloseallfactsknown to the
8gent materiallyaffectingthebuyers abilityand/or
Throughout the transactionyou may receive more
wilHngness to perforrna contractto acquire
seHer's
than one disclosure
form. The law may requirecach
thatare not with
inconsistent the agent'sfi-
in the transaction
to present
you with property
agent assisting
duciary dutiestothe buyer.
thisdisclosureform. A realestateagent is a person
qualifiedto adviseabout realestate.
BROKER'S AGENTS
Ifyou need legal,taxor otheradvice,consult witha
A brokers agent is an agent
thatcooperates or is en-
professionalin that
field.
gaged by a listing
agent or a buyer's
agent (butdoes
not work forthe same firm as the agent
listing or
DISCLOSURE REGARDING REAL ESTATE
buyer'sagent) to assist
thelistingagentor buyers
AGENCY RELATIONSHIPS
agent in locating
a propertyto sellorbuy, respective-
* for
the agent's
listing sellerorthe buyer agent's
SELLER'S AGENT
buyer.The brokers agentdoes not have rela-
a direct
A seller's
agent is an agent
who is engagedby a seller tionshipwith the buyeror seller
and the buyer or sel-
to represent
the sellets Tha
interests. scliefsagent lercannot provide instructions
or direction to
directly
does thisby securinga buyer fortheseller's
home at thebrokers agent.The buyer and thesellertherefore
a priceand on termsacceptable A sel-
to the solier. do nothave vicarious for
liability theacts ofthe bro-
ler's
agent has, without the following
limitation, fidu- kets agent.The agentor buyers agent do pro-
listing
ciarydutiesto theseller:
reasonable care,undivided vide direction
and instructionto thebrokers agent
loyalty, full
confidentiality, disclosure,obedience and and thestfore
the agent
listing orbuyers agentwill
duty to account.
A seller'sagentdoes not represent have for
liability the acts ofthe broker's
agent.
theinterestsofthe buyer.The obligationsof a sellers
agentare alsosubjectto any specificprovisionsset DUAL AGENT
forthin an agreementbetween theagent and the sel-
ler.In dealmgswith the buyer,a selletsagentshould
(a) exercise
reasonable skill
and care m performance . .
fonned consent m wnting. In sucha dual agency sit-
of the agent's
duties;(b)dealhonestly,fairlyand in
nation,the agentwillnot be abletoprovide the full
good faith;and (c)discloseallfactsknown to the
range offiduciarydutiesto thebuyer and seller.
The
agent affecting
materially the valueor desimbilityof
obligationsofan agent are alsosubjectto anyspecif-
property,exceptas otherwise provided by law.
ic provisionsset forth
in an agreement between the
agent,and the buyer andseller.An agent actingas a
BUYER'S AGENT
dual agentmust explam carefullytoboth thebuyer
A buyers agent is an agentwho is engaged by a buy- and sellerthatthe agentis acting
for the other
party
the
er to represent buyers interests.
The buyer'sagent as well.The agent shouldalso explainthe possible
does this the purchaseofa home at a effectsofdual representation, thatby con-
by negotiating including
priceand on terms acceptableto thebuyer. A buyers sentingto the dualagency relationshipthe buyerand
agent has,without the
limitation, following fiduciary seHer are givingup their
rightto undivided loyalty.
A
duties reasonable
to the buyer: care,undivided loyal- buyer or seller
should considerthe possible
carefully
ty, full
confidentiality, disclosme, obedience and duty consequences of a dualagency relationshipbefore
CONFIDENTIAL HL00015170
HL OPP. - EXHIBIT 36 - PAGE 2
FILED: WESTCHESTER COUNTY CLERK 03/22/2022 05:03 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022
agreeingto such representation.A sellerorbuyer the interests
ofand advocating on behalfof the buyer
provideadvance informed consent to dualagen- and the designatedsalesagent forthe seller
willfunc-
may
cy by indicatingthe same on thisform. tionas the seller's
agent representingtheinterestsof
and advocating on behalfof thesellerin the negotia-
DUAL AGENT WITH DESIGNATED SALES tionsbetween the buyer and seller.
A designated sales
AGENTS agent cannotprovide the fullrangeof fiduciaryduties
to the buyeror seller.
The designatedsalesagent
Ifthe buyerand the seller
provide theirinformed
inu81 explainthatlikethe dualagent underwhose
consent and the
the principals
in writing, realestate
8upervision ftmetion,theycannot provide und:-
agent they
bNker who representsboth partiesas a dual con-
.ided loyalty.
A buyer or seller
should enmfully
may designatea sales agent
to representthe buyer
siderthepossible consequences of a dualagency re-
and anothersales agentto representthesellerto no-
lationshipwithdesignated salesagents beforeagree-
gotiatethepurchase and saleof mal estate.
A saics
ingto such A
representation. seller
or buyer may
agent works under the supervisionof the real
estate
Provide advance ntformed consent to dualagency
bmker. With the informed consent ofthe buyer and
with designatedsalesagents by mdicating the same
the seller
in writing,
the designatedsalesagent forthe
on thisform.
buyer willfunctionas thebuyer's agentiepresenting
This form was p ided to meby (printname oflicensee)of
nt name ofcompany, mn orbrokerage), a licensedrealestatebroker
ing interest
of c:
( ) Seller
as a (cheekrelationshipbelow) ( ) Buyer as a (checkmlationshipbelow)
( agent
) Seller's ( ) Buyers agent
( ) Brokersagent ( ) Broker'sagent
( ) Dualagent
Dual agent withdesignated sales agents
Por advance informed consent to either
dual or dual with designatedsalesagents complete sec-
agency agency
tionbelow:
( ) Advance informed consent dualagency
( ) Advance informed consent to dualagency with designatedsalesagents
Ifdual agentwith designatedsalesagents above:
is indicated
u is appointedto mpresent thebuyer; and
is appointed the
to represent seller transaction.
in this
(IXWe) acknowledge receiptofa copy of thisdisclosureform:
Signatureof Buyer(s)and/or eller(s
Date: Date:
CONFIDENTIAL HL00015171
HL OPP. - EXHIBIT 36 - PAGE 3
Document Filed Date
March 22, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 03/22/2022 05:03 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022 HOULIHAN LAWRENCE OPPOSITION TO MOTION TO CERTIFY EXHIBIT 36 HL OPP. - EXHIBIT 36 - PAGE 1 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 05:03 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022 NEW YORK STATE DISCLOSURE FORM FOR BUYER AND SELLER THIS IS NOT A CONTRACT New York statelaw requiresrealestatelicenseeswho to account.A buyers agent does notrepresentthe are actingas agentsofbuyersir of sellers propertyto interests of theseller. The obligationsof a buyers advisethe potentialbuyers orsellerswith whom they agent are also subject to anyspecificprovisionsset work of the natureoftheiragency relationshipand forthin an aginement between the agentand the buy- the rights and obligationsit creates. Thisdisclosure er.In dealingswith the a buyer's seller, agent should willhelp you to make informed choices aboutyour (a)exercisereasonable skilland carein performance with relationship the realestatebrokerand its sales of theagents duties;(b)deal honestly, and fairly in agents. good faith;and (c)discloseallfactsknown to the 8gent materiallyaffectingthebuyers abilityand/or Throughout the transactionyou may receive more wilHngness to perforrna contractto acquire seHer's than one disclosure form. The law may requirecach thatare not with inconsistent the agent'sfi- in the transaction to present you with property agent assisting duciary dutiestothe buyer. thisdisclosureform. A realestateagent is a person qualifiedto adviseabout realestate. BROKER'S AGENTS Ifyou need legal,taxor otheradvice,consult witha A brokers agent is an agent thatcooperates or is en- professionalin that field. gaged by a listing agent or a buyer's agent (butdoes not work forthe same firm as the agent listing or DISCLOSURE REGARDING REAL ESTATE buyer'sagent) to assist thelistingagentor buyers AGENCY RELATIONSHIPS agent in locating a propertyto sellorbuy, respective- * for the agent's listing sellerorthe buyer agent's SELLER'S AGENT buyer.The brokers agentdoes not have rela- a direct A seller's agent is an agent who is engagedby a seller tionshipwith the buyeror seller and the buyer or sel- to represent the sellets Tha interests. scliefsagent lercannot provide instructions or direction to directly does thisby securinga buyer fortheseller's home at thebrokers agent.The buyer and thesellertherefore a priceand on termsacceptable A sel- to the solier. do nothave vicarious for liability theacts ofthe bro- ler's agent has, without the following limitation, fidu- kets agent.The agentor buyers agent do pro- listing ciarydutiesto theseller: reasonable care,undivided vide direction and instructionto thebrokers agent loyalty, full confidentiality, disclosure,obedience and and thestfore the agent listing orbuyers agentwill duty to account. A seller'sagentdoes not represent have for liability the acts ofthe broker's agent. theinterestsofthe buyer.The obligationsof a sellers agentare alsosubjectto any specificprovisionsset DUAL AGENT forthin an agreementbetween theagent and the sel- ler.In dealmgswith the buyer,a selletsagentshould (a) exercise reasonable skill and care m performance . . fonned consent m wnting. In sucha dual agency sit- of the agent's duties;(b)dealhonestly,fairlyand in nation,the agentwillnot be abletoprovide the full good faith;and (c)discloseallfactsknown to the range offiduciarydutiesto thebuyer and seller. The agent affecting materially the valueor desimbilityof obligationsofan agent are alsosubjectto anyspecif- property,exceptas otherwise provided by law. ic provisionsset forth in an agreement between the agent,and the buyer andseller.An agent actingas a BUYER'S AGENT dual agentmust explam carefullytoboth thebuyer A buyers agent is an agentwho is engaged by a buy- and sellerthatthe agentis acting for the other party the er to represent buyers interests. The buyer'sagent as well.The agent shouldalso explainthe possible does this the purchaseofa home at a effectsofdual representation, thatby con- by negotiating including priceand on terms acceptableto thebuyer. A buyers sentingto the dualagency relationshipthe buyerand agent has,without the limitation, following fiduciary seHer are givingup their rightto undivided loyalty. A duties reasonable to the buyer: care,undivided loyal- buyer or seller should considerthe possible carefully ty, full confidentiality, disclosme, obedience and duty consequences of a dualagency relationshipbefore CONFIDENTIAL HL00015170 HL OPP. - EXHIBIT 36 - PAGE 2 FILED: WESTCHESTER COUNTY CLERK 03/22/2022 05:03 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1151 RECEIVED NYSCEF: 03/22/2022 agreeingto such representation.A sellerorbuyer the interests ofand advocating on behalfof the buyer provideadvance informed consent to dualagen- and the designatedsalesagent forthe seller willfunc- may cy by indicatingthe same on thisform. tionas the seller's agent representingtheinterestsof and advocating on behalfof thesellerin the negotia- DUAL AGENT WITH DESIGNATED SALES tionsbetween the buyer and seller. A designated sales AGENTS agent cannotprovide the fullrangeof fiduciaryduties to the buyeror seller. The designatedsalesagent Ifthe buyerand the seller provide theirinformed inu81 explainthatlikethe dualagent underwhose consent and the the principals in writing, realestate 8upervision ftmetion,theycannot provide und:- agent they bNker who representsboth partiesas a dual con- .ided loyalty. A buyer or seller should enmfully may designatea sales agent to representthe buyer siderthepossible consequences of a dualagency re- and anothersales agentto representthesellerto no- lationshipwithdesignated salesagents beforeagree- gotiatethepurchase and saleof mal estate. A saics ingto such A representation. seller or buyer may agent works under the supervisionof the real estate Provide advance ntformed consent to dualagency bmker. With the informed consent ofthe buyer and with designatedsalesagents by mdicating the same the seller in writing, the designatedsalesagent forthe on thisform. buyer willfunctionas thebuyer's agentiepresenting This form was p ided to meby (printname oflicensee)of nt name ofcompany, mn orbrokerage), a licensedrealestatebroker ing interest of c: ( ) Seller as a (cheekrelationshipbelow) ( ) Buyer as a (checkmlationshipbelow) ( agent ) Seller's ( ) Buyers agent ( ) Brokersagent ( ) Broker'sagent ( ) Dualagent Dual agent withdesignated sales agents Por advance informed consent to either dual or dual with designatedsalesagents complete sec- agency agency tionbelow: ( ) Advance informed consent dualagency ( ) Advance informed consent to dualagency with designatedsalesagents Ifdual agentwith designatedsalesagents above: is indicated u is appointedto mpresent thebuyer; and is appointed the to represent seller transaction. in this (IXWe) acknowledge receiptofa copy of thisdisclosureform: Signatureof Buyer(s)and/or eller(s Date: Date: CONFIDENTIAL HL00015171 HL OPP. - EXHIBIT 36 - PAGE 3