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 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1320 RECEIVED NYSCEF: 05/24/2022
EXHIBIT 11
(REDACTED)
FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1320 RECEIVED NYSCEF: 05/24/2022
agreeing tosuch representation.
A seller
or buyer the interests
of andadvocating on behalf ofthe buyer
may provideadvance infouned consentto dualagen- and the designatedsalesagent forthe seller
will func-
thesame on thisform. tionas the '
cy by indicating sellefsagent representingthe interests
of
and advocating on behalfof the seller
inthe negotia-
DUAL AGENT WrfH DESIGNATED SALES tionsbetween thebuyer and seller.
A designatedsales
AGENTS agent cannot providethe fullrangeof duties
fiduciary
If
tothe Èer he
or seller. designaW salesagent
the buyerand the seller
provide theirinformed
must explain thatlikethedual agent under whose
consent in writing,
the principals
and the realestate
supervisionthey function,they cannot provideundr-
broker who representsboth partiesas a dualagent
vided loyalty.A buyer or seller
should carefullycon-
may designatea sales agent
to representthe buyer
siderthe possibleconsequences ofa dualagency re-
and anothersales agentto represent to no-
the seller
lationshipwith designatedsalesagents before agree-
gotiatethepurchase and saleof realestate.A sales
ing tosuch A
representation. seller
or buyer may
agent works under thesupervision ofthe realestate
provide advance iirfonnedconsent to dualagency
broker.With the informed consent ofthe buyer and
with es atedsales agentsby mdicating the same
the seller
in writing,
the designatedsales agentforthe
buyer willfunctionas thebuyefs agentrepresenting
fi
This was ided tome by ad; pVs cre (printname oflicensee)of
una >tt.. name
(print ofcompany, finn orbrokerage), a licensedrealestatebroker
actingin theinterest
of the:
( ) Seller
as a (checkrelationshipbelow) ( ) Buyer as a (checkrelationship
below)
( ) Seller's
agent ( ) Buyefs agent
( ) Brokers agent ( ) Broker'sagent
ualagent
( ) Dualagent with designatedsalesagents
For advance informed consent toeitherdual agency or dual with designatedsalesagents complete sec-
agency
tionbelow:
(4Advance informed consent dualagency
( ) Advance informed consent todual agency with designated salesagents
Ifdual agentwith designated salesagents is indicated
above:
is appointedto rep2esentthebuyer; and
is appointedto represent
the sellerin this
transaction.
(IXWe)acknowledgereceiPt of a copyof thisdisclosureform:
CONFIDENTIAL HL00006723
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. 1320 RECEIVED NYSCEF: 05/24/2022 EXHIBIT 11 (REDACTED) FILED: WESTCHESTER COUNTY CLERK 05/24/2022 03:52 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1320 RECEIVED NYSCEF: 05/24/2022 agreeing tosuch representation. A seller or buyer the interests of andadvocating on behalf ofthe buyer may provideadvance infouned consentto dualagen- and the designatedsalesagent forthe seller will func- thesame on thisform. tionas the ' cy by indicating sellefsagent representingthe interests of and advocating on behalfof the seller inthe negotia- DUAL AGENT WrfH DESIGNATED SALES tionsbetween thebuyer and seller. A designatedsales AGENTS agent cannot providethe fullrangeof duties fiduciary If tothe Èer he or seller. designaW salesagent the buyerand the seller provide theirinformed must explain thatlikethedual agent under whose consent in writing, the principals and the realestate supervisionthey function,they cannot provideundr- broker who representsboth partiesas a dualagent vided loyalty.A buyer or seller should carefullycon- may designatea sales agent to representthe buyer siderthe possibleconsequences ofa dualagency re- and anothersales agentto represent to no- the seller lationshipwith designatedsalesagents before agree- gotiatethepurchase and saleof realestate.A sales ing tosuch A representation. seller or buyer may agent works under thesupervision ofthe realestate provide advance iirfonnedconsent to dualagency broker.With the informed consent ofthe buyer and with es atedsales agentsby mdicating the same the seller in writing, the designatedsales agentforthe buyer willfunctionas thebuyefs agentrepresenting fi This was ided tome by ad; pVs cre (printname oflicensee)of una >tt.. name (print ofcompany, finn orbrokerage), a licensedrealestatebroker actingin theinterest of the: ( ) Seller as a (checkrelationshipbelow) ( ) Buyer as a (checkrelationship below) ( ) Seller's agent ( ) Buyefs agent ( ) Brokers agent ( ) Broker'sagent ualagent ( ) Dualagent with designatedsalesagents For advance informed consent toeitherdual agency or dual with designatedsalesagents complete sec- agency tionbelow: (4Advance informed consent dualagency ( ) Advance informed consent todual agency with designated salesagents Ifdual agentwith designated salesagents is indicated above: is appointedto rep2esentthebuyer; and is appointedto represent the sellerin this transaction. (IXWe)acknowledgereceiPt of a copyof thisdisclosureform: CONFIDENTIAL HL00006723