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 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1812 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 57
VERMONT DISCLOSURE FORM
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1812 RECEIVED NYSCEF: 03/11/2024
Vermont Real Estate Commission
Mandatory Consumer Disclosure
[This document is not acontract.]
This disclosure must be given to aconsumer at the first reasonable opportunity and
before discussing confidential information; entering into abrokerage service agreement; or showing aproperty.
RIGHT NOW YOU ARE NOT A CLIENT
The real estate agent you have contacted is not obligated to keep information you share confidential. You should not
reveal any confidential information that could harm your bargaining position.
Vermont law requires all real estate agents to perform basic duties when dealing with abuyer or seller who is not aclient.
All real estate agents shall:
• Disclose all material facts known to the agent about aproperty;
• Treat both the buyer and seller honestly and not knowingly give false or misleading information;
• Account for all money and property received from or on behalf of abuyer or seller; and
• Comply with all state and federal laws related to the practice of real estate.
You May Become aClient
You may become aclient by entering into awritten brokerage service agreement with areal estate brokerage firm. Clients
receive the full services of an agent, including:
• Confidentiality, including of bargaining information;
• Promotion of the client's best interests within the limits of the law;
• Advice and counsel; and
• Assistance in negotiations.
You are not required to hire abrokerage firm for the purchase or sale of Vermont real estate. You may represent yourself.
If you engage abrokerage firm, you are responsible for compensating the firm according to the terms of your brokerage service
agreement.
Before you hire abrokerage firm, ask for an explanation of the firm's compensation and conflict of interest policies.
Brokerage Firms May Offer
NON-DESIGNATED AGENCY or DESIGNATED AGENCY
• Non-designated agency brokerage firms owe aduty of loyalty to aclient, which is shared by all agents of the firm. No
member of the firm may represent abuyer or seller whose interests conflict with yours.
• Designated agency brokerage firms appoint aparticular agent(s) who owe aduty of loyalty to aclient. Your designated
agent(s) must keep your confidences and act always according to your interests and lawful instructions; however, other
agents of the firm may represent abuyer or seller whose interests conflict with yours.
THE BROKERAGE FIRM NAMED BELOW PRACTICES
DESIGNATED AGENCY
I/We Acknowledge This form has been presented to you by:
Receipt of This Disclosure
Printed Name of Consumer Printed Name of Real Estate Brokerage Firm
Signature of Consumer Date Printed Name of Agent Signing Below
Declined to sign
Printed Name of Consumer Signature of Agent of the Brokerage Firm Date
Signature of Consumer Date EXHIBIT
Declined to sign
2O1 9/24/2015
Document Filed Date
March 11, 2024
Case Filing Date
July 14, 2018
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1812 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 57 VERMONT DISCLOSURE FORM FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1812 RECEIVED NYSCEF: 03/11/2024 Vermont Real Estate Commission Mandatory Consumer Disclosure [This document is not acontract.] This disclosure must be given to aconsumer at the first reasonable opportunity and before discussing confidential information; entering into abrokerage service agreement; or showing aproperty. RIGHT NOW YOU ARE NOT A CLIENT The real estate agent you have contacted is not obligated to keep information you share confidential. You should not reveal any confidential information that could harm your bargaining position. Vermont law requires all real estate agents to perform basic duties when dealing with abuyer or seller who is not aclient. All real estate agents shall: • Disclose all material facts known to the agent about aproperty; • Treat both the buyer and seller honestly and not knowingly give false or misleading information; • Account for all money and property received from or on behalf of abuyer or seller; and • Comply with all state and federal laws related to the practice of real estate. You May Become aClient You may become aclient by entering into awritten brokerage service agreement with areal estate brokerage firm. Clients receive the full services of an agent, including: • Confidentiality, including of bargaining information; • Promotion of the client's best interests within the limits of the law; • Advice and counsel; and • Assistance in negotiations. You are not required to hire abrokerage firm for the purchase or sale of Vermont real estate. You may represent yourself. If you engage abrokerage firm, you are responsible for compensating the firm according to the terms of your brokerage service agreement. Before you hire abrokerage firm, ask for an explanation of the firm's compensation and conflict of interest policies. Brokerage Firms May Offer NON-DESIGNATED AGENCY or DESIGNATED AGENCY • Non-designated agency brokerage firms owe aduty of loyalty to aclient, which is shared by all agents of the firm. No member of the firm may represent abuyer or seller whose interests conflict with yours. • Designated agency brokerage firms appoint aparticular agent(s) who owe aduty of loyalty to aclient. Your designated agent(s) must keep your confidences and act always according to your interests and lawful instructions; however, other agents of the firm may represent abuyer or seller whose interests conflict with yours. THE BROKERAGE FIRM NAMED BELOW PRACTICES DESIGNATED AGENCY I/We Acknowledge This form has been presented to you by: Receipt of This Disclosure Printed Name of Consumer Printed Name of Real Estate Brokerage Firm Signature of Consumer Date Printed Name of Agent Signing Below Declined to sign Printed Name of Consumer Signature of Agent of the Brokerage Firm Date Signature of Consumer Date EXHIBIT Declined to sign 2O1 9/24/2015