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. 1245 RECEIVED NYSCEF: 03/23/2022
EXHIBIT 119
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1245 RECEIVED NYSCEF: 03/23/2022
From: Arlt,Lewis
Sent: Mon 8/11/2014 9:25 AM (GMT-04:00)
To: Frederick, Joan
Cc:
Bcc:
Subject: RE: This week
Dual Agency occurs when both the buyer and Seller are HL clients. The seller should be made aware
that this can happen, and can agree to itin advance, with the understanding that confidential
information will be kept private, while building information must be disclosed. The consumer has the
right to choose how to handle dual agency, should itarise. There are three options.
By law, HL can discontinue giving client level service (i.e.
fiduciary duties) to both the seller and buyer,
and remain a neutral intermediary, passing information back and forth, but not advocating for either
client. (HL prefers never to discontinue providing fiduciary duties to the seller client.)
HL as a company can remain neutral, but the individual agents continue to act as advocates foreach
principal. (This isHL's preferred method.)
The client can reject Dual agency altogether, and represent himself, or seek client representation at
another broker.
Lewis Arlt
Licensed Real Estate Associate Broker
Brokerage Manager
Houlihan Lawrence
32 Popham Road
Scarsdale, NY 10583
Office 914-723-8877
Cell 914-309-5766
From: Frederick, Joan
Sent: Monday, August 11, 2014 9:02 AM
To: Arlt, Lewis
Subject: Fwd: This week
Can u please help me word this or call me ?Thanks
Joan Frederick
Licensed Associate Real Estate Broker
Houlihan Lawrence
32 Popham Road
Scarsdale New York 10583
Jfrederick@houlihanlawrence.com
Cell 914 714 4140
CONFIDENTIAL HL00179559
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1245 RECEIVED NYSCEF: 03/23/2022
Begin forwarded message:
From: Bob Picunko
Date: August 10, 2014 at 8:45:31 PM EDT
Joan"
To: "Frederick,
Subject: Re: This week
Joan,
Could you please explain Section 15 item 1,2, and 3 regarding dual agency.
Thanks,
Bob
Joan"
On Aug 10, 2014, at 6:53 AM, "Frederick, wrote:
I willcontact everyone tomorrow and set up the schedules.
Bob can you email me allthe signed documents ?
The house willnot be listed (go on the market or internet) untilthe pictures are taken and the listingis
reviewed by you both.
Thanks
Joan
Joan Frederick
Licensed Associate Real Estate Broker
Houlihan Lawrence
32 Popham Road
Scarsdale, NY 10583
jfrederick@houlihanlawrence.com
Office: 914 723 8877 ext 341
Cell:914 714 4140
Website: http://joanfrederick.houlihanlawrence.com
CONFIDENTIAL HL00179560
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. 1245 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 119 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1245 RECEIVED NYSCEF: 03/23/2022 From: Arlt,Lewis Sent: Mon 8/11/2014 9:25 AM (GMT-04:00) To: Frederick, Joan Cc: Bcc: Subject: RE: This week Dual Agency occurs when both the buyer and Seller are HL clients. The seller should be made aware that this can happen, and can agree to itin advance, with the understanding that confidential information will be kept private, while building information must be disclosed. The consumer has the right to choose how to handle dual agency, should itarise. There are three options. By law, HL can discontinue giving client level service (i.e. fiduciary duties) to both the seller and buyer, and remain a neutral intermediary, passing information back and forth, but not advocating for either client. (HL prefers never to discontinue providing fiduciary duties to the seller client.) HL as a company can remain neutral, but the individual agents continue to act as advocates foreach principal. (This isHL's preferred method.) The client can reject Dual agency altogether, and represent himself, or seek client representation at another broker. Lewis Arlt Licensed Real Estate Associate Broker Brokerage Manager Houlihan Lawrence 32 Popham Road Scarsdale, NY 10583 Office 914-723-8877 Cell 914-309-5766 From: Frederick, Joan Sent: Monday, August 11, 2014 9:02 AM To: Arlt, Lewis Subject: Fwd: This week Can u please help me word this or call me ?Thanks Joan Frederick Licensed Associate Real Estate Broker Houlihan Lawrence 32 Popham Road Scarsdale New York 10583 Jfrederick@houlihanlawrence.com Cell 914 714 4140 CONFIDENTIAL HL00179559 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 06:28 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1245 RECEIVED NYSCEF: 03/23/2022 Begin forwarded message: From: Bob Picunko Date: August 10, 2014 at 8:45:31 PM EDT Joan" To: "Frederick, Subject: Re: This week Joan, Could you please explain Section 15 item 1,2, and 3 regarding dual agency. Thanks, Bob Joan" On Aug 10, 2014, at 6:53 AM, "Frederick, wrote: I willcontact everyone tomorrow and set up the schedules. Bob can you email me allthe signed documents ? The house willnot be listed (go on the market or internet) untilthe pictures are taken and the listingis reviewed by you both. Thanks Joan Joan Frederick Licensed Associate Real Estate Broker Houlihan Lawrence 32 Popham Road Scarsdale, NY 10583 jfrederick@houlihanlawrence.com Office: 914 723 8877 ext 341 Cell:914 714 4140 Website: http://joanfrederick.houlihanlawrence.com CONFIDENTIAL HL00179560