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 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1321 RECEIVED NYSCEF: 05/24/2022
EXHIBIT 12
(REDACTED)
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1321 RECEIVED NYSCEF: 05/24/2022
to such
representation.
A selleror buyer
Pt the interests
of and advocatingon behalfofthe buyer
advance informed consent to dualagen-
cy by indicatingthe sameon this
and the designated
sales agentforthe seller
*ill fe
foun. tionas the seller's
agent the interests
representing of
DUAL and advocatingon behalfof the seller
in the negoth
AGENT WITH DESIGNATED SALES tions the buyer
AGENTS between and scIler.
A designatedsales
agent cannotprovidethe full
range of duties
Ifthe fiduciary
buyer and the seller
provide to the buyer
or seller.The
a
theirinformed designatedsales agent
m
consent in writig the principals must
and the real explainthatlikethe dualagenttrnder
d
whose
broker who represcutsboth SUPervbion
partiesas a dual
agent they functionA prmW
imay designatea salesagentto represent vided A buyer
loy ahy. or seller
should con-
the buyer carefully
aml another salesagentto represent siderthe possible
the seller
to ne- consequences of a dual
agency re-
gotinuethe purchaseand sale of teal with agree-
estate.
A sales lationship designatedsales agentsbefore
agent works under the supervision ing to such representation.
ofthe real estate A seller
or buyermay
broker.
the
With theinforrnedconsent of the buyer
and
Pmvide wrance mfw at to dualagency
seller
in writing,the designated withdesignatedsales agents the same
sales agentforthe by indicating
buyer will fimctionas the buyet's °""
agentsepresenting
'
foun provided to sne by
(prmt name of of
licensee)
(print
name ofcompany, firmor brokerage),a licensedreal estate
in broker
acting f the:
(check relationship
below) ( ) Buyeras a (checkrelationship
below)
( ) Sellet's
agent
( ) Buyers agent
( ) Buckets agent
( ) Brokersagent
( agent
( ) Dualagent withdesignated sales agents
For advance informed consent to either
dualagency or dual withdesignatedsales agents seo-
agnacy complete
tion below:
( ) Advance informed consent dualagency
( ) Advance informed consent to dualagency withdesignated sales agents
Ifdual agent withdesignated salesagents is indicated
above:
is appointedto represent
the buyer;and
is appointedto iepresent
the seller
in thistransacdon.
(1)(We) acknowledge receiptof a co of this
disclosure form:
of Buyer( an Sellett
CONFIDENTIAL HL00005811
Document Filed Date
May 24, 2022
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1321 RECEIVED NYSCEF: 05/24/2022 EXHIBIT 12 (REDACTED) FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1321 RECEIVED NYSCEF: 05/24/2022 to such representation. A selleror buyer Pt the interests of and advocatingon behalfofthe buyer advance informed consent to dualagen- cy by indicatingthe sameon this and the designated sales agentforthe seller *ill fe foun. tionas the seller's agent the interests representing of DUAL and advocatingon behalfof the seller in the negoth AGENT WITH DESIGNATED SALES tions the buyer AGENTS between and scIler. A designatedsales agent cannotprovidethe full range of duties Ifthe fiduciary buyer and the seller provide to the buyer or seller.The a theirinformed designatedsales agent m consent in writig the principals must and the real explainthatlikethe dualagenttrnder d whose broker who represcutsboth SUPervbion partiesas a dual agent they functionA prmW imay designatea salesagentto represent vided A buyer loy ahy. or seller should con- the buyer carefully aml another salesagentto represent siderthe possible the seller to ne- consequences of a dual agency re- gotinuethe purchaseand sale of teal with agree- estate. A sales lationship designatedsales agentsbefore agent works under the supervision ing to such representation. ofthe real estate A seller or buyermay broker. the With theinforrnedconsent of the buyer and Pmvide wrance mfw at to dualagency seller in writing,the designated withdesignatedsales agents the same sales agentforthe by indicating buyer will fimctionas the buyet's °"" agentsepresenting ' foun provided to sne by (prmt name of of licensee) (print name ofcompany, firmor brokerage),a licensedreal estate in broker acting f the: (check relationship below) ( ) Buyeras a (checkrelationship below) ( ) Sellet's agent ( ) Buyers agent ( ) Buckets agent ( ) Brokersagent ( agent ( ) Dualagent withdesignated sales agents For advance informed consent to either dualagency or dual withdesignatedsales agents seo- agnacy complete tion below: ( ) Advance informed consent dualagency ( ) Advance informed consent to dualagency withdesignated sales agents Ifdual agent withdesignated salesagents is indicated above: is appointedto represent the buyer;and is appointedto iepresent the seller in thistransacdon. (1)(We) acknowledge receiptof a co of this disclosure form: of Buyer( an Sellett CONFIDENTIAL HL00005811