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 07:38 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022
EXHIBIT 174
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022
New York State
Department of State
NEW YORK ==a*~'"aS"adc""
Division of P.O.Box 22001
STATE OF
°""'"
Services c-sªm)²42!²°i
Licensing
WWw.das.ny.gay
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT agents duties;(b)deal honestly, and
fairly in good faith;and
(c)disclose allfacts known to the agent materiallyaffecting
New York State law requiresreal estatelicensees who are
the buyers and/or
ability willingnessto perform a contractto
acting as agents ofbuyers or sellersof property to advise
acquire sellers property that are not consistent with the
the potentialbuyers or sellerswith whom they work of the
agents fiduciarydutiesto thebuyer.
nature of their agency relationship and the rights and
obligationsItcreates. This disclosure willhelpyou to make
informed choices about your relationshipwith the realestate Broker's Agents
broker and itssales agents. A brokers agent is an agent that cooperates oris engaged
Throughout the transactionyou receive more than by a listingagent or a buyers agent (but does notwork for
may
one disclosure form. The law may require each agent the same firmas the IIstingagent or buyers agent) to assist
assisting In the transaction to present you with this the agent
listing or buyers agent a
in focating property tosell
disclosure form.A realestate agent Is a person qualifiedto or buy, for
respectively, the agents
IIsling sellerorthe buyer
advise about realestate. agents buyer. The broke s agent does not have a direct
Ifyou need tax or other consult with a relationshipwith the buyer or sellerand the buyer or seller
legal, advice,
professionalIn thatfield. cannot provide Instructionsor direction directly to the
brokers agent. The buyer and the seller therefore do not
. have vicarious for
Ilability the acts ofthe brokers agent..The
Disclosure Regarding Real Estate agent or buyers agent do provide direction and
listing
Agency Relationships instructionto the brokers agent and therefore the listing
agent or buyers agent willhave for
liability the acts ofthe
Seller's Agent brokers agent.
A sellers agent is an agent who isengaged by a sellerto
represent the sellers The
Interests. sellers agent does this Dual Agent
securing a buyer for the sellers home ata priceand on A real estate broker may represent both the buyer and the
by
terms acceptable-to the seller.A sellers agent has, without sellerIf boththe buyer and sellergive theirinformed consent
limitation,the duties to the seller in writing.
In such a dual agency situation,theagent will
not
following fiduciary
reasonable undivided full be able to provide the fulirange offiduciary dutiesto the
care, loyalty, confidentiality,
obedience and toaccount A sellersagent buyer and seller.The obligations of an agent are also
disclosure, duty
does not represent theinterestsof thebuyer. The obligations subject to any specificprovisions set forthIn an agreement
of a sellersagent are also subjectto between the agent, and the buyer and seller.An agent
any specificpmvisions
set forthinan agreement between the agent acting as a dual agent must explain carefullyto both the
and the seller.
dealings with a buyer and seller
that theagent for
is acting the other partyas
In the buyer, sellers agent should (a)
well. The agent should also explain the possible effects of
exercise reasonable skilland care inperformance of the
dual representation, includingthat by consenting tothe dual
agents duties;(b)deal honestly,fairlyand In good and
faith;
relationshipthe buyer and sellerare giving up their
(c)disclose allfactsknown tothe agent materiallyaffecting agency
rightto undivided loyalty.
A buyer or sellershould carefully
the value or of
desirability property,except as otherwise
consider the possible consequences of a dual agency
provided by law.
before agreeing tosuch representation.A seller
relationship
or buyer may provide advance Informed consent to dual
hyer s Agent the same on thisform.
agency by indicating
A buyers agent isan agent who isengaged by a buyer to
represent the buye a interest.The buyers agent does Dual Agent with Designated Sales Agents
thisby negotiatingthe purchase of a home ata priceand Ifthe buyer and sellerprovide their informed consent in
on terms acceptable to the buyer. A buyers agent has, writing, the principalsand the real estate broker who
without limitation,the following fiduciary duties to the represents both parties as a dual agent may designate a
buyer reasonable care, undivided loyalty, sales agent to represent the buyer and another sales agent
confidentiality, full disclosure, obedience and duty to to represent the seller.A sales agent works under the
account. A buyers agent does not represent the Interestof supervision of the real estate broker. With the informed
the seller.The obligations of a buyers agent are also consent ofthe buyer and the seller the
in writing, designated
subject to specificprovisionsset forth Inan agreement sales agent forthe buyer willfunction as the buyers agent
any
between the agent and the buyer. In dealings with the representing the interestsof and advocating on behalf ofthe
a buyers agent should exercise reasonable buyer and the designated sales agent for the sellerwill
seller, (a)
skill
and careIn performance of the
DOS-1736-f (Rev. Page 1 of 2
11/15)
CONFIDENTIAL HL00020218
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022
New York State Disclosure Form for Buyer and Seller
function as the seller's agent the
representing interests of under whose supervision
and they function, they cannot provide
advocating on behalf of the seller In the negotiations undMded loyalty. A buyer or sellershould consider
between the buyer and seller. A carefully
designated sales agent the possible consequences of a dual agency relationship
cannot provide the full range of fiduciary duties to the with designated sales
landlord or agents before agreeing to such
tenant. A designated sales agent cannot provide
full
representation. A se!Ier or buyer provide advance informed
range of duties to the
fiduciary buyer or seller. The consent to dual agency with designated sales agents
designated sales agent must explain that like by
the dual agent the same on
indicating thisform.
This formwas provided to me by of
(PrintName of Ucens e) (PrintName of Company, Firm or Brokerage)
a \icensedrealestate broker in the
acting of
interest the:
Selleras a (check
relationshipbelow) uyer.as a (check relationshipbelow)
SellersAgent
Buyers Agent
Brokers Agent
Brokers Agent
D Agent
Dual Agent with Designated Sales Agent
For advance informed consent to either
dual agency or dual with designated sales
agency agentscomplete sectionbelow:
ance Informed Consent Dual Agency
Advance Informed Consent to Dual with
Agency Designated Sales Agents
If dual
agent designated sales agents is i Ica d above:
ointed torepresent the
buyer;and
pninfa n repra ant the afferin thin
frnnanrfinn
(I) (We)
acknowledge receiptof a copyof thisdisclosureform:
Date:
Date:
DOS-1736-f (Rev. 11/15)
Page 2 of 2
CONFIDENTIAL HL00020219
Document Filed Date
March 23, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 174 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022 New York State Department of State NEW YORK ==a*~'"aS"adc"" Division of P.O.Box 22001 STATE OF °""'" Services c-sªm)²42!²°i Licensing WWw.das.ny.gay New York State Disclosure Form for Buyer and Seller THIS IS NOT A CONTRACT agents duties;(b)deal honestly, and fairly in good faith;and (c)disclose allfacts known to the agent materiallyaffecting New York State law requiresreal estatelicensees who are the buyers and/or ability willingnessto perform a contractto acting as agents ofbuyers or sellersof property to advise acquire sellers property that are not consistent with the the potentialbuyers or sellerswith whom they work of the agents fiduciarydutiesto thebuyer. nature of their agency relationship and the rights and obligationsItcreates. This disclosure willhelpyou to make informed choices about your relationshipwith the realestate Broker's Agents broker and itssales agents. A brokers agent is an agent that cooperates oris engaged Throughout the transactionyou receive more than by a listingagent or a buyers agent (but does notwork for may one disclosure form. The law may require each agent the same firmas the IIstingagent or buyers agent) to assist assisting In the transaction to present you with this the agent listing or buyers agent a in focating property tosell disclosure form.A realestate agent Is a person qualifiedto or buy, for respectively, the agents IIsling sellerorthe buyer advise about realestate. agents buyer. The broke s agent does not have a direct Ifyou need tax or other consult with a relationshipwith the buyer or sellerand the buyer or seller legal, advice, professionalIn thatfield. cannot provide Instructionsor direction directly to the brokers agent. The buyer and the seller therefore do not . have vicarious for Ilability the acts ofthe brokers agent..The Disclosure Regarding Real Estate agent or buyers agent do provide direction and listing Agency Relationships instructionto the brokers agent and therefore the listing agent or buyers agent willhave for liability the acts ofthe Seller's Agent brokers agent. A sellers agent is an agent who isengaged by a sellerto represent the sellers The Interests. sellers agent does this Dual Agent securing a buyer for the sellers home ata priceand on A real estate broker may represent both the buyer and the by terms acceptable-to the seller.A sellers agent has, without sellerIf boththe buyer and sellergive theirinformed consent limitation,the duties to the seller in writing. In such a dual agency situation,theagent will not following fiduciary reasonable undivided full be able to provide the fulirange offiduciary dutiesto the care, loyalty, confidentiality, obedience and toaccount A sellersagent buyer and seller.The obligations of an agent are also disclosure, duty does not represent theinterestsof thebuyer. The obligations subject to any specificprovisions set forthIn an agreement of a sellersagent are also subjectto between the agent, and the buyer and seller.An agent any specificpmvisions set forthinan agreement between the agent acting as a dual agent must explain carefullyto both the and the seller. dealings with a buyer and seller that theagent for is acting the other partyas In the buyer, sellers agent should (a) well. The agent should also explain the possible effects of exercise reasonable skilland care inperformance of the dual representation, includingthat by consenting tothe dual agents duties;(b)deal honestly,fairlyand In good and faith; relationshipthe buyer and sellerare giving up their (c)disclose allfactsknown tothe agent materiallyaffecting agency rightto undivided loyalty. A buyer or sellershould carefully the value or of desirability property,except as otherwise consider the possible consequences of a dual agency provided by law. before agreeing tosuch representation.A seller relationship or buyer may provide advance Informed consent to dual hyer s Agent the same on thisform. agency by indicating A buyers agent isan agent who isengaged by a buyer to represent the buye a interest.The buyers agent does Dual Agent with Designated Sales Agents thisby negotiatingthe purchase of a home ata priceand Ifthe buyer and sellerprovide their informed consent in on terms acceptable to the buyer. A buyers agent has, writing, the principalsand the real estate broker who without limitation,the following fiduciary duties to the represents both parties as a dual agent may designate a buyer reasonable care, undivided loyalty, sales agent to represent the buyer and another sales agent confidentiality, full disclosure, obedience and duty to to represent the seller.A sales agent works under the account. A buyers agent does not represent the Interestof supervision of the real estate broker. With the informed the seller.The obligations of a buyers agent are also consent ofthe buyer and the seller the in writing, designated subject to specificprovisionsset forth Inan agreement sales agent forthe buyer willfunction as the buyers agent any between the agent and the buyer. In dealings with the representing the interestsof and advocating on behalf ofthe a buyers agent should exercise reasonable buyer and the designated sales agent for the sellerwill seller, (a) skill and careIn performance of the DOS-1736-f (Rev. Page 1 of 2 11/15) CONFIDENTIAL HL00020218 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1274 RECEIVED NYSCEF: 03/23/2022 New York State Disclosure Form for Buyer and Seller function as the seller's agent the representing interests of under whose supervision and they function, they cannot provide advocating on behalf of the seller In the negotiations undMded loyalty. A buyer or sellershould consider between the buyer and seller. A carefully designated sales agent the possible consequences of a dual agency relationship cannot provide the full range of fiduciary duties to the with designated sales landlord or agents before agreeing to such tenant. A designated sales agent cannot provide full representation. A se!Ier or buyer provide advance informed range of duties to the fiduciary buyer or seller. The consent to dual agency with designated sales agents designated sales agent must explain that like by the dual agent the same on indicating thisform. This formwas provided to me by of (PrintName of Ucens e) (PrintName of Company, Firm or Brokerage) a \icensedrealestate broker in the acting of interest the: Selleras a (check relationshipbelow) uyer.as a (check relationshipbelow) SellersAgent Buyers Agent Brokers Agent Brokers Agent D Agent Dual Agent with Designated Sales Agent For advance informed consent to either dual agency or dual with designated sales agency agentscomplete sectionbelow: ance Informed Consent Dual Agency Advance Informed Consent to Dual with Agency Designated Sales Agents If dual agent designated sales agents is i Ica d above: ointed torepresent the buyer;and pninfa n repra ant the afferin thin frnnanrfinn (I) (We) acknowledge receiptof a copyof thisdisclosureform: Date: Date: DOS-1736-f (Rev. 11/15) Page 2 of 2 CONFIDENTIAL HL00020219