Preview
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
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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
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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
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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
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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