Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 48
CAMERON TRAINING MATERIALS
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
From: Leon Cameron
Sent: Fri 6/22/2018 10:50 AM (GMT-04:00)
To: Chrystal, Toni
Cc: Gricar, Jim
Bcc:
Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th
Attachments: HGAR Agency Leon Cameron.pptx
Toni,
I would like to substitute the attached file for the one I sent you yesterday.
Please confirm.
Thank you,
Leon
From: Chrystal, Toni
Sent: Thursday, June 21, 2018 2:26 PM
To: Leon Cameron
Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th
THANK YOU.
Toni Chrystal(Annette), ABR | RE Associate Broker
Houlihan Lawrence
Director, Training and Development
914-673-1640 Mobile
914-328-5200 Office
800 Westchester Avenue, Rye Brook NY 10573
237 Mamaroneck Avenue, White Plains NY 10605
Click here to preview my agent website
From: Leon Cameron [mailto:Leon.Cameron@HGAR.com]
Sent: Thursday, June 21, 2018 2:10 PM
To: Chrystal, Toni
Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th
Great, thank you Toni.
From: Chrystal, Toni
Sent: Thursday, June 21, 2018 2:05 PM
To: Leon Cameron
Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th
Thank you. I have click and the presentation will be uploaded.
CONFIDENTIAL HL00062887
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Toni Chrystal(Annette), ABR | RE Associate Broker
Houlihan Lawrence
Director, Training and Development
914-673-1640 Mobile
914-328-5200 Office
800 Westchester Avenue, Rye Brook NY 10573
237 Mamaroneck Avenue, White Plains NY 10605
Click here to preview my agent website
From: Leon Cameron [mailto:Leon.Cameron@HGAR.com]
Sent: Thursday, June 21, 2018 2:02 PM
To: Chrystal, Toni
Cc: Gricar, Jim
Subject: RE: 2018 HL Horse Sense -Summer Session -Join us on Monday, June 25th
Toni,
Please find attached my slides.
I understand that this will be preloaded, clicker will be there and all?
Thank you,
Leon
@ HG R
Leon P. Cameron, Esq. | Director of Legal Services & Professional Standards Administrator
REALTORS®
Hudson Gateway Association of
Hudson Gateway Multiple Listing Service
Manhattan - Orange - Putnam - Rockland -Westchester
| t 914.681.0833 x312
| f 914.681.6044
| e Leon.Cameron@HGAR.com
*Correspondence is provided for informational purposes only and does not confer an attorney/client
relationship. For a legal opinion, please consult a personal attorney.
If you have received this email in error, please notify the sender immediately and then delete it.
IRS Circular 230 Disclosure: Any tax advice contained in this communication (including any attachments)
was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
CONFIDENTIAL HL00062888
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
From: Chrystal, Toni
Sent: Monday, June 18, 2018 4:26 PM
To: #ALL HL USERS
Cc: Eric Swarthout ; James Gricar
; Leon Cameron
Subject: 2018 HL Horse Sense -Summer Session -Join us on Monday, June 25th
CONFIDENTIAL HL00062889
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
HORSE SENSE
2018 Horse Sense
Summer Session
MO ND AY, JU N E 2 5 m
HoulihanLawrenceHomeOffice
800 WestchesterAve,5thflAuditorium,RyeBrook,NY
AGENDA
9:oo-9:15 Cofee
Nétworking
9:15 Introduction
Jim Gricar, General Sales Manager
9i30-10:00 What's Hot ThisSummer Anti FrtHd & Antl Wire
Eric Swarthout, ThoroughbredTitle
"Agency"
10:00-10i45 Legal Update on
LeonCameron,DirectorofLegalScrvices&
ProfessiònalStandards Administrator-HGAR
BREAK
'Agency"
11:00-11130 Who Do You Représent? A Fun Role Play
Jim Gricar & Toni Chrystal
Q&A
KINDLY RSVP TO TCHRYSTALeHOULlHANLAWRENCE.COM
CON FIDENTIAL HL00062890
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Reminder: email is not secure or confidential. Houlihan Lawrence will never request that you send funds or nonpublic personal information,
such as credit card or debit card numbers or bank account and/or routing numbers, by email. If you receive an email m essage concerning
any transaction involving Houlihan Lawrence, and the email requests that you send funds or provide nonpublic personal information, do not
respond to the email and immediately contact Houlihan Lawrence. To notify Houlihan Lawrence of suspected email fraud, contact:
fraudalert@houlihanlawrence.com or call 914-273-4357.
CONFIDENTIAL HL00062891
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
"AGENCV"
Leon R Carneron, Esq.
Dipof Legal Services and
Professionál Standards Adininistrator
Leon.Cameronf0HGAR.Com
914-681-0833 ext. 312
1
CONFIDENTIAL HL00062892
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
AGENCY
" AGENT: the individual who is authorized to and
consents to represent the interests of another
person. In the real estate business the broker
owner is the agent of the seller, buyer, landlord or
tenant. The salesperson is the agent of the broker.
" CLIENT OR PRINCIPAL: the individual who hires or
delegates to the agent the responsibility of
representing his or her interests.
2
CONFIDENTIAL HL00062893
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
The Language of Agency (cant )
¥ FIDUCIARY: the relationship of trust and confidence
to the client between the agent and the client.
¥ AGENCY: the fiduciary relationship between the
agent and the client.
¥ CUSTOMER: the third party with whom the agent
deals on behalf of the principal.
CONFIDENTIAL H L 0 0 0 6 2 8 9 4
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
= Representation
Agency
" is about
Agency representation--representing the
client's best interest and putting the client's
interest above your own. Rernember that the agent
is the broker owner and all affiliated agents are, by
extension, sub-agents of t broker owner.
4
CONFIDENTIAL HL00062895
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
= Representation
Agency (cont.)
" It's important to who is the client and who
identify
is the customer in each transaction, to disclose the
relationship to the consumer, and to effectively
advocate for the client while fulfilling your
obligation of honest to t e customer.
5
CONFIDENTIAL HL00062896
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Client vs Customer
CUENT (PRINCIPAL)
" Agent represents the interests of the client, giving
advice, counsel, and providing fiduciary duties.
" The agent must put the interests of the client above
their own and all others.
+ must
The agent rnaintain confidential information.
+ AGENT WŒRKS FOR THE CLIENT.
6
CONFIDENTIAL HL00062897
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Client vs. Customer (Cont,)
CUSTOMER
" The customer is the third with whom the
party
agent deals on behalf of the client.
" There is no between agent
fiduciary relationship
and customer,
" customer is entitled factual information and
The to
fair and honest dealings from the agent,
" AGENT WORKS WITH OMER
7
CONFIDENTIAL HL00062898
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Basic Agency Relationships
" law determines the
Agency the obligations that
agent owes to the client. Agents must follow the
lawful instruction of the client.
" In the case of seller the services of a
retaining
listing broker to represent them in marketing a
property, the seller is the principal and the broker is
the agent-a seller's agent.
8
CONFIDENTIAL HL00062899
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Basic Agency Relationships (Cont.)
In the case of a buyer retaining the services
of a broker to represent them in and
f_f locating
purchasing a property, the buyer is the
pnncipal and the broker is the agent- a
buyer's agent.
" In the case of an agent retained
being by
both seller and buyer to represent their
respective interests in the same transaction-
the agent is a dual agent. Dual agency
requires special disclosure. The principal
broker of the firm is the dual agents, and by
extension all affiliated agents are dual
agents.
9
CONFIDENTIAL HL00062900
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Broker's Agent
" As part of your negotiations with a real estate agent,
you rnay authorize your agent to engage other agents
whether you are a buyer or seller. As a general rule,
those agents owe fiduciary duties to your agent. You
are not vicariously liable for their conduct.
" TRADE OFF: as either the buyer or not
You, seller, may
provide instructions or directions to a Broker's agent.
" the agent or buyer's agent be liable
ALSO, listing may
for the actions of a broker's agent they hire.
[D]
CONFIDENTIAL HL00062901
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Broker's agent vs. Seller's
subagent
Whats the Difference?
LIABILITY
A seller is vicariously liable for the
actions of a Seller's subagent, but not
for the actions of a Broker's agent.
[D]
CONFIDENTIAL HL00062902
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Fiduciaries
" "Fiduciaries are held to the highest amount of good
faith, are required to exclude all selfish interest, are
prohibited from putting themselves in positions
where personal interest and representative interest
will conflict, and must. in any direct dealing with
the principal, make full disclosure of oJl_I relevant
facts and give the latter an opportunity to obtain
advice."
independent
" Section 13A of the Restatement
(Second) of Agency
[D]
CONFIDENTIAL HL00062903
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Fiduciary Responsibilities
"
Care and Reasonable Skill m f
"
Confidentiality ,)
"
Loyalty
" Obedience
"
Accounting
" Disclosure
" CCLOAD
[D]
CONFIDENTIAL HL00062904
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
The Mechanics of Disclosure
" New York State Real Law section 443 (RPL
Property
443) requires licensees to provide to sellers and
purchasers, landlords and tenants, a mandated
disclosure form that indicates in what capacity the
agent is functioning in the transaction and
describes the roles of seller's agents, buyer's
agents, broker's agents and dual agents
representing both.
" The form must be provided to the consumer at the
first substantive contact between agent and the
consumer.
[D]
CONFIDENTIAL HL00062905
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
The Mechanics of Disclosure
(Cont.)
" The form applies to all residential transactions
involving the sale or lease of properties of one to
four units.
" If consumer refuses to sign disclosure, a
supplemental declaration must be executed that
states the consume used to execute the form.
[D]
CONFIDENTIAL HL00062906
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Should You Always Offer Buyer
Agency?
" Perceived benefits to agent
" Greater frorn client
loyalty
" More serious buyer
" More consurner satisfaction
" Possible negative:
" More
responsibility
" More liability
*Rernernber to produce copy of any signed agency
disclosure form to the custorner or client
[D]
CONFIDENTIAL HL00062907
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Dual Agency
" In single the agent represents one
agency only
party in the transaction, either the seller or buyet
" in dual the agent attempts to represent
agency
both the buyer and the seller in the same
transaction, the agent has two clients.
[D]
CONFIDENTIAL HL00062908
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Dual Agency (Cont.)
" In dual scenarios the agent's
agency ability to
perforrn CCLOAD obligations to both clients is
cornprornised.
" Dual is only legaIggg¶n the agent obtains
agency
the informed consent fEg spth parties!
[D]
CONFIDENTIAL HL00062909
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Temptations of Dual Agency
" Failure to disclose your duties are
fiduciary
compromised.
* Failure to rnake adequate disclosure.
" to recornmend assistance.
Failure third party
" Failure to maintairt confidential information.
* Failure to recognize when you are in a dual agency
relationship.
[D]
CONFIDENTIAL HL00062910
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Designated Dual Agency
" Designated dual is a type of dual agency-
agency
not a substitute for dual agency.
" In designated dual the two clients
agency
"designate"
two different agents within the firm to
advocate for the client's respective interests. In
designated dual agency you can advocate for the
respective client-in traditional dual agency you
cannot advocate for the interests of one client over
another.
[D]
CONFIDENTIAL HL00062911
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Designated Dual Agency (Cont.)
" In a designated dual neither one of the two
agency
agents can be the broker owner or their
representative (i.e. office manager).
" You still need the writcen-Wonsent of both clients to
designated dual a
[D]
CONFIDENTIAL HL00062912
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Dual Agent with Designated Sales
Agents
" Can be obtained in advance
" Agent must explain to the client that the agent
cannot provide undivided loyalty
" Should each
confirm in writing with the client
time each time that dual agency does arise.
[D]
CONFIDENTIAL HL00062913
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Undisclosed Dual Agency
" Undisclosed dual occurs when an agent
agency
intentionally or unintentionally advocates for the
interests of both parties in a transaction without
obtaining the consent hoth parties.
[D]
CONFIDENTIAL HL00062914
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024
Undisclosed Dual Agency (Cont.)
" Undisclosed dual occurs when an agent
agency
provides CCLOAD services to a customer to the
disadvantage of a client.
Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 48 CAMERON TRAINING MATERIALS FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 From: Leon Cameron Sent: Fri 6/22/2018 10:50 AM (GMT-04:00) To: Chrystal, Toni Cc: Gricar, Jim Bcc: Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th Attachments: HGAR Agency Leon Cameron.pptx Toni, I would like to substitute the attached file for the one I sent you yesterday. Please confirm. Thank you, Leon From: Chrystal, Toni Sent: Thursday, June 21, 2018 2:26 PM To: Leon Cameron Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th THANK YOU. Toni Chrystal(Annette), ABR | RE Associate Broker Houlihan Lawrence Director, Training and Development 914-673-1640 Mobile 914-328-5200 Office 800 Westchester Avenue, Rye Brook NY 10573 237 Mamaroneck Avenue, White Plains NY 10605 Click here to preview my agent website From: Leon Cameron [mailto:Leon.Cameron@HGAR.com] Sent: Thursday, June 21, 2018 2:10 PM To: Chrystal, Toni Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th Great, thank you Toni. From: Chrystal, Toni Sent: Thursday, June 21, 2018 2:05 PM To: Leon Cameron Subject: RE: 2018 HL Horse Sense - Summer Session - Join us on Monday, June 25th Thank you. I have click and the presentation will be uploaded. CONFIDENTIAL HL00062887 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Toni Chrystal(Annette), ABR | RE Associate Broker Houlihan Lawrence Director, Training and Development 914-673-1640 Mobile 914-328-5200 Office 800 Westchester Avenue, Rye Brook NY 10573 237 Mamaroneck Avenue, White Plains NY 10605 Click here to preview my agent website From: Leon Cameron [mailto:Leon.Cameron@HGAR.com] Sent: Thursday, June 21, 2018 2:02 PM To: Chrystal, Toni Cc: Gricar, Jim Subject: RE: 2018 HL Horse Sense -Summer Session -Join us on Monday, June 25th Toni, Please find attached my slides. I understand that this will be preloaded, clicker will be there and all? Thank you, Leon @ HG R Leon P. Cameron, Esq. | Director of Legal Services & Professional Standards Administrator REALTORS® Hudson Gateway Association of Hudson Gateway Multiple Listing Service Manhattan - Orange - Putnam - Rockland -Westchester | t 914.681.0833 x312 | f 914.681.6044 | e Leon.Cameron@HGAR.com *Correspondence is provided for informational purposes only and does not confer an attorney/client relationship. For a legal opinion, please consult a personal attorney. If you have received this email in error, please notify the sender immediately and then delete it. IRS Circular 230 Disclosure: Any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. CONFIDENTIAL HL00062888 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 From: Chrystal, Toni Sent: Monday, June 18, 2018 4:26 PM To: #ALL HL USERS Cc: Eric Swarthout ; James Gricar ; Leon Cameron Subject: 2018 HL Horse Sense -Summer Session -Join us on Monday, June 25th CONFIDENTIAL HL00062889 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 HORSE SENSE 2018 Horse Sense Summer Session MO ND AY, JU N E 2 5 m HoulihanLawrenceHomeOffice 800 WestchesterAve,5thflAuditorium,RyeBrook,NY AGENDA 9:oo-9:15 Cofee Nétworking 9:15 Introduction Jim Gricar, General Sales Manager 9i30-10:00 What's Hot ThisSummer Anti FrtHd & Antl Wire Eric Swarthout, ThoroughbredTitle "Agency" 10:00-10i45 Legal Update on LeonCameron,DirectorofLegalScrvices& ProfessiònalStandards Administrator-HGAR BREAK 'Agency" 11:00-11130 Who Do You Représent? A Fun Role Play Jim Gricar & Toni Chrystal Q&A KINDLY RSVP TO TCHRYSTALeHOULlHANLAWRENCE.COM CON FIDENTIAL HL00062890 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Reminder: email is not secure or confidential. Houlihan Lawrence will never request that you send funds or nonpublic personal information, such as credit card or debit card numbers or bank account and/or routing numbers, by email. If you receive an email m essage concerning any transaction involving Houlihan Lawrence, and the email requests that you send funds or provide nonpublic personal information, do not respond to the email and immediately contact Houlihan Lawrence. To notify Houlihan Lawrence of suspected email fraud, contact: fraudalert@houlihanlawrence.com or call 914-273-4357. CONFIDENTIAL HL00062891 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 "AGENCV" Leon R Carneron, Esq. Dipof Legal Services and Professionál Standards Adininistrator Leon.Cameronf0HGAR.Com 914-681-0833 ext. 312 1 CONFIDENTIAL HL00062892 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 AGENCY " AGENT: the individual who is authorized to and consents to represent the interests of another person. In the real estate business the broker owner is the agent of the seller, buyer, landlord or tenant. The salesperson is the agent of the broker. " CLIENT OR PRINCIPAL: the individual who hires or delegates to the agent the responsibility of representing his or her interests. 2 CONFIDENTIAL HL00062893 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 The Language of Agency (cant ) ¥ FIDUCIARY: the relationship of trust and confidence to the client between the agent and the client. ¥ AGENCY: the fiduciary relationship between the agent and the client. ¥ CUSTOMER: the third party with whom the agent deals on behalf of the principal. CONFIDENTIAL H L 0 0 0 6 2 8 9 4 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 = Representation Agency " is about Agency representation--representing the client's best interest and putting the client's interest above your own. Rernember that the agent is the broker owner and all affiliated agents are, by extension, sub-agents of t broker owner. 4 CONFIDENTIAL HL00062895 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 = Representation Agency (cont.) " It's important to who is the client and who identify is the customer in each transaction, to disclose the relationship to the consumer, and to effectively advocate for the client while fulfilling your obligation of honest to t e customer. 5 CONFIDENTIAL HL00062896 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Client vs Customer CUENT (PRINCIPAL) " Agent represents the interests of the client, giving advice, counsel, and providing fiduciary duties. " The agent must put the interests of the client above their own and all others. + must The agent rnaintain confidential information. + AGENT WŒRKS FOR THE CLIENT. 6 CONFIDENTIAL HL00062897 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Client vs. Customer (Cont,) CUSTOMER " The customer is the third with whom the party agent deals on behalf of the client. " There is no between agent fiduciary relationship and customer, " customer is entitled factual information and The to fair and honest dealings from the agent, " AGENT WORKS WITH OMER 7 CONFIDENTIAL HL00062898 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Basic Agency Relationships " law determines the Agency the obligations that agent owes to the client. Agents must follow the lawful instruction of the client. " In the case of seller the services of a retaining listing broker to represent them in marketing a property, the seller is the principal and the broker is the agent-a seller's agent. 8 CONFIDENTIAL HL00062899 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Basic Agency Relationships (Cont.) In the case of a buyer retaining the services of a broker to represent them in and f_f locating purchasing a property, the buyer is the pnncipal and the broker is the agent- a buyer's agent. " In the case of an agent retained being by both seller and buyer to represent their respective interests in the same transaction- the agent is a dual agent. Dual agency requires special disclosure. The principal broker of the firm is the dual agents, and by extension all affiliated agents are dual agents. 9 CONFIDENTIAL HL00062900 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Broker's Agent " As part of your negotiations with a real estate agent, you rnay authorize your agent to engage other agents whether you are a buyer or seller. As a general rule, those agents owe fiduciary duties to your agent. You are not vicariously liable for their conduct. " TRADE OFF: as either the buyer or not You, seller, may provide instructions or directions to a Broker's agent. " the agent or buyer's agent be liable ALSO, listing may for the actions of a broker's agent they hire. [D] CONFIDENTIAL HL00062901 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Broker's agent vs. Seller's subagent Whats the Difference? LIABILITY A seller is vicariously liable for the actions of a Seller's subagent, but not for the actions of a Broker's agent. [D] CONFIDENTIAL HL00062902 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Fiduciaries " "Fiduciaries are held to the highest amount of good faith, are required to exclude all selfish interest, are prohibited from putting themselves in positions where personal interest and representative interest will conflict, and must. in any direct dealing with the principal, make full disclosure of oJl_I relevant facts and give the latter an opportunity to obtain advice." independent " Section 13A of the Restatement (Second) of Agency [D] CONFIDENTIAL HL00062903 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Fiduciary Responsibilities " Care and Reasonable Skill m f " Confidentiality ,) " Loyalty " Obedience " Accounting " Disclosure " CCLOAD [D] CONFIDENTIAL HL00062904 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 The Mechanics of Disclosure " New York State Real Law section 443 (RPL Property 443) requires licensees to provide to sellers and purchasers, landlords and tenants, a mandated disclosure form that indicates in what capacity the agent is functioning in the transaction and describes the roles of seller's agents, buyer's agents, broker's agents and dual agents representing both. " The form must be provided to the consumer at the first substantive contact between agent and the consumer. [D] CONFIDENTIAL HL00062905 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 The Mechanics of Disclosure (Cont.) " The form applies to all residential transactions involving the sale or lease of properties of one to four units. " If consumer refuses to sign disclosure, a supplemental declaration must be executed that states the consume used to execute the form. [D] CONFIDENTIAL HL00062906 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Should You Always Offer Buyer Agency? " Perceived benefits to agent " Greater frorn client loyalty " More serious buyer " More consurner satisfaction " Possible negative: " More responsibility " More liability *Rernernber to produce copy of any signed agency disclosure form to the custorner or client [D] CONFIDENTIAL HL00062907 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Dual Agency " In single the agent represents one agency only party in the transaction, either the seller or buyet " in dual the agent attempts to represent agency both the buyer and the seller in the same transaction, the agent has two clients. [D] CONFIDENTIAL HL00062908 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Dual Agency (Cont.) " In dual scenarios the agent's agency ability to perforrn CCLOAD obligations to both clients is cornprornised. " Dual is only legaIggg¶n the agent obtains agency the informed consent fEg spth parties! [D] CONFIDENTIAL HL00062909 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Temptations of Dual Agency " Failure to disclose your duties are fiduciary compromised. * Failure to rnake adequate disclosure. " to recornmend assistance. Failure third party " Failure to maintairt confidential information. * Failure to recognize when you are in a dual agency relationship. [D] CONFIDENTIAL HL00062910 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Designated Dual Agency " Designated dual is a type of dual agency- agency not a substitute for dual agency. " In designated dual the two clients agency "designate" two different agents within the firm to advocate for the client's respective interests. In designated dual agency you can advocate for the respective client-in traditional dual agency you cannot advocate for the interests of one client over another. [D] CONFIDENTIAL HL00062911 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Designated Dual Agency (Cont.) " In a designated dual neither one of the two agency agents can be the broker owner or their representative (i.e. office manager). " You still need the writcen-Wonsent of both clients to designated dual a [D] CONFIDENTIAL HL00062912 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Dual Agent with Designated Sales Agents " Can be obtained in advance " Agent must explain to the client that the agent cannot provide undivided loyalty " Should each confirm in writing with the client time each time that dual agency does arise. [D] CONFIDENTIAL HL00062913 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Undisclosed Dual Agency " Undisclosed dual occurs when an agent agency intentionally or unintentionally advocates for the interests of both parties in a transaction without obtaining the consent hoth parties. [D] CONFIDENTIAL HL00062914 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1803 RECEIVED NYSCEF: 03/11/2024 Undisclosed Dual Agency (Cont.) " Undisclosed dual occurs when an agent agency provides CCLOAD services to a customer to the disadvantage of a client.