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 03/23/2022 06:28 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022
EXHIBIT 105
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022
From: Landis, Cynthia
Sent: Tue 4/21/2015 9:49 AM (GMT-04:00)
To: Arlt,Lewis
Cc: Dalton, Debra; Levine, Brian; Chrystal, Toni
Bcc:
Subject: Re: Designated Agency
I don't disagree but after last night's talk,we are leftwith the impression that Straight Dual Agency is
permissible, even desirable, as opposed to a buyer being handed off to an agent with whom they have
no familiarity
Additionally, I see foresee issues with
still multiple offers.
Is there a policy?
conversation"
Last night, after the meeting Susan Law had an "email with her sellers (who are
divorcing!) regarding being a dual agent for her own buyer. Although she isa skilledwriter and a former
attorney, I found the email exchange unsettling because she had (of course) never untilnow discussed
the idea of giving up advocacy on their behalf. The seller asked questions such as ifyou are a dual agent
with thisone particular couple, can you still
be our advocate when negotiating with buyers who aren't
yours? It'sa good question and we need to think aboutthe unintended consequences of straight dual
agency. Itisalso seen as a license to use other agents to bid and then get your own dual agency deal
done in the privacy of the sellers living room.
However, Val has already leaped on the dual agency bandwagon and has worked on the sale of 28 Park
Avenue as a dual agent...Ifwe are not going to whole heartedly endorse, straight dual agency, we need
to do so quickly.
Cynthia G. Landis,
Licensed Associate Real Estate Broker
HOULlHAN LAWRENCE
Brokerage Manager:
Bronxville and Yonkers Brokerages
Mobile: 914-275-6743
Clandis@houlihanlawrence.com
Sent from my iPad
On Apr 21, 2015, at 9:34 AM, Arlt, Lewis wrote:
Dear All,
Attached please find my reaction to Don's remarks lastnight. I feltitimportant to stand up for D.A,
before we find ourselves hurtling whole hog down the dubious road of individual dual
agency. risk is the here. - or at least for future detailed
Balancing key Disclosing referencing
elucidation -to sellers at the time of the isessential to their expectations about how
listing managing
you will handle the various eventualities that arise.
Cheers,
Lewis
Lewis Arlt
Licensed Real Estate Associate Broker
Brokerage Manager
CONFIDENTIAL HL00067631
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022
Houlihan Lawrence
32 Popham Road
Scarsdale, NY 10583
Office 914-723-8877
Cell 914-309-5766
listing
CONFIDENTIAL HL00067632
Document Filed Date
March 23, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 105 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022 From: Landis, Cynthia Sent: Tue 4/21/2015 9:49 AM (GMT-04:00) To: Arlt,Lewis Cc: Dalton, Debra; Levine, Brian; Chrystal, Toni Bcc: Subject: Re: Designated Agency I don't disagree but after last night's talk,we are leftwith the impression that Straight Dual Agency is permissible, even desirable, as opposed to a buyer being handed off to an agent with whom they have no familiarity Additionally, I see foresee issues with still multiple offers. Is there a policy? conversation" Last night, after the meeting Susan Law had an "email with her sellers (who are divorcing!) regarding being a dual agent for her own buyer. Although she isa skilledwriter and a former attorney, I found the email exchange unsettling because she had (of course) never untilnow discussed the idea of giving up advocacy on their behalf. The seller asked questions such as ifyou are a dual agent with thisone particular couple, can you still be our advocate when negotiating with buyers who aren't yours? It'sa good question and we need to think aboutthe unintended consequences of straight dual agency. Itisalso seen as a license to use other agents to bid and then get your own dual agency deal done in the privacy of the sellers living room. However, Val has already leaped on the dual agency bandwagon and has worked on the sale of 28 Park Avenue as a dual agent...Ifwe are not going to whole heartedly endorse, straight dual agency, we need to do so quickly. Cynthia G. Landis, Licensed Associate Real Estate Broker HOULlHAN LAWRENCE Brokerage Manager: Bronxville and Yonkers Brokerages Mobile: 914-275-6743 Clandis@houlihanlawrence.com Sent from my iPad On Apr 21, 2015, at 9:34 AM, Arlt, Lewis wrote: Dear All, Attached please find my reaction to Don's remarks lastnight. I feltitimportant to stand up for D.A, before we find ourselves hurtling whole hog down the dubious road of individual dual agency. risk is the here. - or at least for future detailed Balancing key Disclosing referencing elucidation -to sellers at the time of the isessential to their expectations about how listing managing you will handle the various eventualities that arise. Cheers, Lewis Lewis Arlt Licensed Real Estate Associate Broker Brokerage Manager CONFIDENTIAL HL00067631 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1234 RECEIVED NYSCEF: 03/23/2022 Houlihan Lawrence 32 Popham Road Scarsdale, NY 10583 Office 914-723-8877 Cell 914-309-5766 listing CONFIDENTIAL HL00067632