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  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
						
                                

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FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 95 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 To: 'twinkle10028@yahoo.com'[twinkle10028@yahoo.corn] Cc: NYSCEF DOC. Cezirnbra,NO. Daniel[DCezimbra@HoulihanLawrence.com]; 1230 Corrado, RECEIVED NYSCEF: Nicole[ncorrado@houlihanlawrence.corn] 03/23/2022 From: Corrado, Nicole Sent: Wed 3/29/2017 8:42:09 PM Subject: Buyers Documents Buyers Documents - Pamela Goldstein.pdf Lead Paint Disclosure - 6 Wellington Terrace.pdf Good Afternoon Pamela, Dan asked that I send over the attached buyers documents to be signed. I've highlighted and marked where your signatures are required. At your convenience, please sign where indicted and e-mail or fax back to me. Feel free to contact me with any questions. Thank you in advance. Regards, Nicole Corrado Executive Assistant to The Gino Bello Homes Sales Team Houlihan Lawrence " 237 Mamaroneck Avenue " White Plains, NY 10605 Direct: 328-6300 Ext. 15308 " Office Main: 328-8400 " Fax: 328-7902 (914) (914) (914) NCorrado@houlihanlawrence.com "www.GinoBelloHomes.com GINO BELLO H O M E S For Results That Move You "This e-mail communication contains privileged and confidential information intended only forthe use of the individual or entity named above. If thereader of this communication is not the intended recipient, you are hereby notifiedthat any dissemination, distribution or photocopying of this e-mail communication isstrictlyprohibited. If you have received this e-mail communication in above." error, please immediately notify us via return e-mail at the address Reminder:email is not secure or confidential. Houlihan Lawrence will never request that you send funds or nonpublic personal information, such as credit card or debit card numbers or bank account and/or routing numbers, by email. If you receive an email message concerning any transaction involving Houlihan Lawrence, and the email requests that you send funds or provide nonpublic personal information, do not respond to the email and immediately contact Houlihan Lawrence. To notify Houlihan Lawrence of suspectedemail fraud, contact: fraudalert@houlihanlawrence.com or call 914-273-4357. P_00000403 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 NEW YORK STATE DISCLOSURE FORM FOR BUYER AND SELLER THIS IS NOT A CONTRACT New York statelaw requires realestate licensees who to account. A buyer's agent does not represent the are acting as agents of buyers or sellersof property to interests of the seller.The obligations of a buyer's advise the potential buyers or sellerswith whom they agent are also subject to any specific provisions set work of the nature of their and forth in an agreement between the agent and the buy- agency relationship the rights and obligations itcreates. This disclosure er.In dealings with the seller, a buyer's agent should will help you to make informed choices about your (a) exercise reasonable skilland care in performance relationship with the realestate broker and itssales of the agent's duties; (b) deal honestly, fairly and in agents. good faith; and (c) disclose allfacts known to the agent materially affecting the buyer's abilityand/or Throughout the transaction you may receive more willingness to perform a contract to acquire seller's than one disclosure form. The law may require each that are not inconsistent with the agent's fi- with property agent assisting in the transaction to present you duciary duties to the buyer. this disclosure form. A real estateagent is a person qualified to advise about real estate. BROKER'S AGENTS Ifyou need legal,tax or other advice, consult with a A broker's agent is an agent that cooperates or is en- professional in thatfield. gaged by a listingagent or a buyer s agent (but does not work for the same firm as the listing agent or DISCLOSURE REGARDING REAL ESTATE buyer's agent) to assist the listingagent or buyer's AGENCY RELATIONSHIPS agent in a property to sellor respective- locating buy, ly,for the listingagent's seller or the buyer agent's SELLER'S AGENT buyer. The broker's agent does not have a direct rela- A seller'sagent is an agent who is engaged a seller with the buyer or seller and the buyer or sel- by tionship to represent the seller'sinterests. The seller'sagent ler cannot provide instructions or direction directly to does this by securing a buyer for the seller'shome at the broker's agent. The buyer and the sellertherefore a price and on terms acceptable to the seller.A sel- do not have vicarious for the acts of the bro- liability ler'sagent without the fidu- ker's agent. The agent or buyer's agent do pro- has, limitation, following listing ciary duties to the seller:reasonable care, undivided vide direction and instruction to the broker's agent loyalty, confidentiality, fulldisclosure, obedience and and therefore the listing agent or buyer's agent will duty to account. A seller'sagent does not represent have liabilityfor the acts of the broker's agent. the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set DUAL AGENT forth in an agreement between the agent and the sel- ler. In dealmgs with the buyer, a seller'sagent should . . . . the seller ifboth the buyer and sellergive theirm- (a) exercise reasonable skilland care in performance formed consent in writing. In such a dual sit- agency of the agent's duties; (b) deal honestly, fairly and m good faith; and (c) disclose allfacts known to the . . . range of fiduciary duties tothe buyer and seller.The agent matenally affecting the value or desirability of obligations of an agent are also subject to specif- any property, except as otherwise provided by law. ic provisions set forth inan agreement between the agent, and the buyer and seller.An agent acting as a BUYER'S AGENT dual agent must explain carefully to both the buyer A buyer's agent is an agent who is engaged by a buy- and sellerthat the agent isacting for the other party er to represent the buyer's interests. The buyer's agent as well. The agent should also explain the possible does this the purchase of a home ata effects of dual that con- by negotiating representation, including by price and on terms acceptable to the buyer. A buyer's senting tothe dual agency relationship the buyer and agent has, without limitation, the following fiduciary seller are giving up their right to undivided loyalty. A duties to the buyer: reasonable undivided loyal- buyer or seller should consider the possible care, carefully ty, confidentiality, full disclosure, obedience and duty consequences of a dual agency relationship before P_00000404 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 agreeing to such representation. A selleror buyer the interests of and advocating on behalf of the buyer provide advance informed consent to dual agen- and the designated sales agent for the seller will func- may cy by indicating the same on this form. tion as the seller'sagent representing the interests of and on behalf of the seller inthe negotia- advocating DUAL AGENT WITH DESIGNATED SALES tions between the buyer and seller.A designated sales AGENTS agent cannot provide the fullrange of fiduciary duties to the buyer or seller.The designated sales agent Ifthe buyer and the sellerprovide their informed must explain that like the dual agent under whose consent in writing, the principals and the real estate . supervision cannot provide undi- they function, they broker who represents both parties as a dual agent .1deMoyahy. Muyer or seHer shouM con- careMy may designate a sales agent to represent the buyer sider the possible consequences of a dual re- ne- agency and another sales agent to represent the seller to with designated sales agents before agree- of real A lationship gotiate the purchase and sale estate. sales ing to such representation. A selleror buyer may agent works under the supervision of the real estate provide advance informed consent to dual agency broker. With the informed consent of the buyer and with designated sales agents by indicating the same the seller in writing, the designated sales agent for the on this form. buyer will function as the buyer's agent representing This form was provided to me Daniel Cezimbra (printname of of by licensee) Houlihan Lawrence Inc. (print name of company, firm or brokerage), a licensed real estate broker acting in the interestof the: ( ) Selleras a (check relationship below) (V) Buyer as a (check relationship below) ( ) Seller'sagent (v)Buyer's agent ( ) Broker's agent ( ) Broker's agent ( ) Dual agent ( ) Dual agent with designated sales agents For advance informed consent to either dual or dual with designated sales agents complete sec- agency agency tion below: ( ) Advance informed consent dual agency (v)Advance informed consent to dual agency with designated sales agents If dual agent with designated sales agents is indicated above: is appointed to represent the buyer; and is appointed to represent the seller in thistransaction. (I)(We) acknowledge receipt of a copy of thisdisclosure form: and/or Seller(s): X Date: Date: P_00000405 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 YOUR RIGHTS AS PURCHASER OF RESIDENTIAL REAL PROPERTY UNDER REAL PROPERTY CONDITION DISCLOSURE LAW [REAL PROPERTY LAW § 462(2)] As the buyer of residential real property, you are entitled by law to receive from the seller a signed Property Condition Disclosure Statement as prescribed by Real Property Law §462(2) prior to your signing of a binding contract of sale. A copy of the Property Condition Disclosure Statement containing the signatures of both the buyer and seller must be attached to the real estate purchase contract. You are also entitled to receive a revised Property Condition Disclosure Statement as soon as practicable in the event that the seller acquires knowledge, which renders materially inaccurate a Property Condition Disclosure Statement previously provided to you. You will not be entitled to receive a revised Property Condition Disclosure Statement after the transfer of title from the seller to you or after you have commenced occupancy of the property. In the event the seller fails to deliver a Property Condition Disclosure Statement to you prior to your signing a binding contract of sale, you are entitled to receive a credit in the amount of $500.00 against the purchase price of the property upon the transfer of title. The undersigned Purchaser(s) acknowledge(s) that the broker named below has advised him/her/them of the foregoing rights of Purchaser(s) and that I (we) have read this form. P D ate: D ate: Daniel Cezimbra Name of Salesperson Houlihan Lawrence Inc. N ame of Salesperson's Firm F:WPDOCS!W webr330(PPURCHASER±ghts,doc P_00000406 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 HOULlHAN LAWRENCE The Acceptable Offer and What It Means When you have submitted a complete offer, even if acceptable to the seller, this does not mean that you have closed the opportunity for other potential buyers to make offers. The possibility still exists that someone might make an offer more acceptable to the seller based on price, terms, etc. The seller always has the option to entertain any other offers and the agent, by law, is required to present all offers to the seller. Only a signed contract between the seller and the accepted buyer obligates the parties to one another. Houlihan Lawrence offers no legal opinions as to these matters, and recommends that for such you consult your personal attorney. Buyer is advised to personally verify all of the information buyer considers to be important such as taxes, square feet, property size, maintenance or common charges and any other information that would be of concern prior to signing a formal contract. Date P_00000407 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 HOULIHAN LAWRENCE COMPANY POLICY REGARDING BUYER CLIENTS Acknowledgment and Agreement as to Permissible Dealings with Other Buyers As a Buyer Client, you should be aware that we may have other Buyer Clients and Buyer Customers to whom we may show the very same properties in which you may be interested. In some instances, there may even be circumstances in which other Buyer Clients or Buyer Customers place offers on properties in which you are interested. We reserve the right to do this, just as we reserve the right to take listings from more than one Seller. Two Buyers, whether Clients or Customers of our Company, can conceivably compete to purchase the same residence, whether it is listed by our Company or another Company. We want you to be aware and to acknowledge your understanding and agreement. Advice on Technical Matters Houlihan Lawrence and itsLicensed Sales Associates and Associate Brokers will not counsel Client on legal matters, home inspections, public health, surveying, tax, financial or other technical matters which are outside the scope of expertise. Houlihan Lawrence recommends that Client seek the advice and counsel of qualified experts in connection with the physical property, its state of repair, water, termite, radon, lead and similar tests and as to legal matters with respect to properties. Client hereby acknowledges that it is the Client's sole responsibility for obtaining such services and for retaining any experts which the Client chooses to obtain. Sellers, Listing Agents and Offers There is a possibility that Sellers may instruct their Listing Agents to reveal particulars of offers which they are considering to other prospective purchasers. This is solely at the Seller's discretion. You may request that your offer be kept confidential, but once again, itis at the Seller's discretion whether or not to agree to that. What Can You Expect From Us? Undivided Loyalty(unless in Dual Agency) Confidentiality Full Disclosure(unless in Dual Agency) Obedience A Duty to Account (I)We acknowledge that we have received, read and understand the above Policy statement of Houlihan Lawrence. PamqlÆ Goldstein Date: D ate: 10/2007 P_00000408 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 HOULlHAN LAWRENCE HUDSON GATEWAY MULTIPLE LISTING SERVICE, INC. FLOOD INSURANCE DISCLOSURE STATEMENT "Your mortgage lender [may] [will]require you to purchase flood insurance in connection with your purchase of this property. The National Flood Insurance Program (NFIP) provides for the availability of flood insurance but also establishes flood insurance policy premiums based on the riskof flooding in the area where properties are located. Due to recent amendments to federal law governing the NFIP those premiums are increasing, and in some cases will rise by a substantial amount over the premiums previously charged for flood insurance for the property. As a result,you should not relyon the premiums paid for flood insurance on thisproperty previously as an indication of the premiums that may apply after you complete your purchase. In considering your purchase of thisproperty, you should consult with one or more carriers of flood insurance for a better understanding offlood insurance coverage, the premiums that are likely to be required to purchase such insurance and any future." available information about how those premiums may increase in the This form does not constitute legal advice. It isbased upon sample language provided by The National Association of Realtors. For additional information regarding flood insurance and related topics, please see: http://www.fema.gov/national-flood-insurance-program/flood-insurance-reform-act-2012 http://www.floodsmart.gov http://www.fema.gov/national-flood-insurance-program http://www.fema.gov/floodplain-management/flood-insurance-rate-map-firm 6 Wellington Terrace, White Plains,NY 10607 Property Address: Date X Date F:\WPDOCS\WPDOCS\H\HGMLl2001- General Corporate Matters\Flood Insurance Statemetn.10-17-13.doex Disclosure P_00000409 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 HOULlHAN LAWRENCE ,- .... AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT To: Pamela Goldstein Property: 6 Wellington Terrace,White Plains,NY 10607 Daniel Cezimbra May 29, 2017 From: Date: This isto give you notice that Houlihan/Lawrence Inc., doing business as Houlihan Lawrence ("Houlihan Lawrence"), HomeServices Relocation, LLC and Thoroughbred Title Services, LLC are part of a family of companies (the "Affiliated Companies"), and each may refer to you the services of another. Houlihan/Lawrence Inc., HomeServices Relocation, LLC and Thoroughbred Title Services, LLC are each wholly owned by HomeServices of America, Inc. ("HSoA"), either directly or through one or more subsidiaries. Because of these relationships, the referral of a customer (including you) by any of the Affiliated Companies to another may provide the referring company, itsaffiliates, and/or their employees with a financial or other benefit. Furthermore, although neither Houlihan Lawrence nor any other HSoA-affiliated company has an ownership interest in Silvermine Ventures, LLC doing business as Thoroughbred Mortgage ("Thoroughbred Mortgage"), two officers of Houlihan Lawrence (the "Interested Parties") do own interest in Thoroughbred Mortgage. Because of these relationships, the referral of a customer (including you) by any of the Interested Parties to Thoroughbred Mortgage may result in one or more of the Interested Parties receiving a financial or other benefit. Set forth below isthe estimated charge or range of charges for each of the services listed. You are NOT required to use any of these service providers as a condition of the sale of the subject property or to obtain access to any settlement service. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. HSOA-00017948.3-02/17/2017 P_00000410 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 Houlihan Lawrence Broker's Cornmission Up to 6% ofthe sale price HomeServices Relocation, LLC Relocation Services Fees paid by real estatebroker Thoroughbred TitleServices Owner's $342 - $19,148 Policy Purchase Price Range $35,000 - $5,000,000 For purchases over $5,000,000 add $2.48 - $3.25 per $1,000 Lender's $310 - $15,965 Policy Loan Amount Range $35,000 -$5,000,000 For loans over $5,000,000 add $2.08 - $2.71 per $1,000 The rateon the amount of the loan policythat does not exceed the amount of the owner's policy shallbe calculated at percent thirty (30%) of the loan rate provided that the policiesare issued simultaneously and coveridentical property. Endorsements $50 - $100 Policy Service Fees $50 - $85 per document Recording Additional Searches $200 - $600per transaction (Municipals, bankruptcy, patriot,etc) Escrow Service Fee $35 perescrow Fee $0 - $100 Survey Thoroughbred Mortgage Loan Origination $995 Discount Points 0.0% - 2.0%of loan amount Appraisal $400 - $700 Credit Report $20 - $40 Flood Certification Fee $16 ACKNOWLEDGEMENT: I/we have read this disclosure form, and understand that the Affiliated Companies may refer me/us to purchase the above-described settlement services(s) from one another and that any such referrals may provide the referring company, itsaffiliates, their employees and/or the Interested Parties with a financial or other benefit. X X (Date) (Date) HSOA-00017948.3-02/17/2017 P_00000411 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1230 RECEIVED NYSCEF: 03/23/2022 HOULlHAN LAWRENCE -.... I. ANTI-FRAUD DISCLOSURE TO CONSUMERS Anti-Fraud Disclosure Statement Electronic communications such as email, text messages and social media messaging, are neither secure nor confidential. While Houlihan Lawrence has adopted policies and procedures to aid in avoiding fraud, even the best security protections can stillbe bypassed by unauthorized parties. Houlihan Lawrence will never send you any electronic communication with instructions to transfer funds or to provide nonpublic personal information, such as credit card or debit numbers or bank account and/or routing numbers. YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH AS CREDIT OR DEBIT CARD NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS, BY EMAIL OR OTHER UNSECURED ELECTRONIC COMMUNICATION, EMAILS ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO COME FROM A TRUSTED SOURCE. If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM Houlihan Lawrence, do not respond to it and immediately contact Houlihan Lawrence. Such requests, even ifthey may otherwise appear to be from Houlihan Lawrence, are likely part of a scheme to defraud you by stealing funds from you or using your identify to commit a crime. To notify Houlihan Lawrence of suspected fraud related to your real estate transaction, contact: [antifraud@houlihanlawrence.com or call 914-273-HELP. ACKNOWLEDGMENT: I/we have read this Anti-Fraud Disclosure Statement and understand that Houlihan Lawrence will never send me/us any electronic communication with instructions to transfer funds or provide financial account numbers or other nonpublic personal information. X X Date Date HSOA-000132 62.8|3-2-2017tc P_00000412