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.
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FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1278 RECEIVED NYSCEF: 03/23/2022
EXHIBIT 178
FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1278 RECEIVED NYSCEF: 03/23/2022
agreeingto such representation.
A seller
or buyer the interests
of and advocating
on behalfof the buyer
may provideadvance informedconsentto dual agen- and the designated
sales agent for
the seller
willfinte- ..
the same on this form.
cy by indicating tionas the seller's
agent representing
the interests of
and advocatingon behalf in the negotia-
or the seller
DUAL AGENT WITH DESIGNATED SALES tions between
the buyerand seller.
A designatedsales
AGENTS agent cannot provide
the full
range of fiduciary
duties
TTthe buyer and the seller to die buyei·or
seller.
ne designated
sales agent
providetheir
infonned
consentin writing,
the principals
and the real estate must explain
that like
the dual agent under whose
brokerwho represents both parties
as a dual agent superWstonhey function,they cannot
provideundl-
videdloyalty,
A buyer or seller should con-
may designate a sales agent to represent
the buyer carefully
and another sales agent to represent sider
Me possibleconsequences of a dual agency re-
to ne-
the seller
gotiate
the purchase and sale ofrcal wdh
lationship designatedsales agents before agree-
estate. A sales
agent worksunder (he supervision
of thereal
estate nig to such representation.
A seHer or buyer may
broker,Withthe informed .ovide advance
mformed consentto dual agency
consentof the buyer
and
the seller
in writing,
the designated mth designated
sales agents by mdicating
the same
sales agent for the
buyer will
functionas the buyer's .on this forin.
agent representing
This founwas p ·ovided to me by , gj,nfM f
fgfg_ (print
name of licensee)
of
Q]yf)gf , 't(pfg____ (print
nante of company,firni
or brokerage),
a licensed
real estate broker
actingm the interest of the:
( ) Seller as a (check relationship
below) ( ) Buyeras a (check
relationship
below)
( ) Seller's agent ( ) Duyer's
agent
( ) Draker's
agent
( ) Broker's
agent
( ) Dualagent
Dual agent with
designatedsales agents
For advanceinformedconsentto either
dual agency or dual agency with sec-
designatedsales agents complete
tionbelow:
( ) AdvanceinfonIcd consentdual agency
( ) Advanceinformed consentto dual agency with
designatedsales agents
Ifdualagent with
designatedsales agents is indicated
above:
is appointed
to represent the buyer;
and
A/)
(I)(We)acknowledge receipt
of a copyof this disclosure
form:
Signatureof Buyer(s)
and/oi II
Date: /
. .
CONFIDENTIAL HL00007707
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 07:38 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1278 RECEIVED NYSCEF: 03/23/2022 EXHIBIT 178 FILED: WESTCHESTER COUNTY CLERK 03/23/2022 07:38 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1278 RECEIVED NYSCEF: 03/23/2022 agreeingto such representation. A seller or buyer the interests of and advocating on behalfof the buyer may provideadvance informedconsentto dual agen- and the designated sales agent for the seller willfinte- .. the same on this form. cy by indicating tionas the seller's agent representing the interests of and advocatingon behalf in the negotia- or the seller DUAL AGENT WITH DESIGNATED SALES tions between the buyerand seller. A designatedsales AGENTS agent cannot provide the full range of fiduciary duties TTthe buyer and the seller to die buyei·or seller. ne designated sales agent providetheir infonned consentin writing, the principals and the real estate must explain that like the dual agent under whose brokerwho represents both parties as a dual agent superWstonhey function,they cannot provideundl- videdloyalty, A buyer or seller should con- may designate a sales agent to represent the buyer carefully and another sales agent to represent sider Me possibleconsequences of a dual agency re- to ne- the seller gotiate the purchase and sale ofrcal wdh lationship designatedsales agents before agree- estate. A sales agent worksunder (he supervision of thereal estate nig to such representation. A seHer or buyer may broker,Withthe informed .ovide advance mformed consentto dual agency consentof the buyer and the seller in writing, the designated mth designated sales agents by mdicating the same sales agent for the buyer will functionas the buyer's .on this forin. agent representing This founwas p ·ovided to me by , gj,nfM f fgfg_ (print name of licensee) of Q]yf)gf , 't(pfg____ (print nante of company,firni or brokerage), a licensed real estate broker actingm the interest of the: ( ) Seller as a (check relationship below) ( ) Buyeras a (check relationship below) ( ) Seller's agent ( ) Duyer's agent ( ) Draker's agent ( ) Broker's agent ( ) Dualagent Dual agent with designatedsales agents For advanceinformedconsentto either dual agency or dual agency with sec- designatedsales agents complete tionbelow: ( ) AdvanceinfonIcd consentdual agency ( ) Advanceinformed consentto dual agency with designatedsales agents Ifdualagent with designatedsales agents is indicated above: is appointed to represent the buyer; and A/) (I)(We)acknowledge receipt of a copyof this disclosure form: Signatureof Buyer(s) and/oi II Date: / . . CONFIDENTIAL HL00007707