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 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 38
“DISCLOSURE AND PROMPT SHEET”
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024
/~
HOULIHAN L A WREN C E
Disclosure and Prompt Sheet for Sales Agents
1) Tell your customer/client that N YS Law requires that we explain the different types of agency
relationships that are available to them in the buyi ng or sell ing process.
2) Seller's Agent: A sell er' s agent is someone who is hired and usually paid by the sell er. A sell er' s
agent has what is known as a Fiduciary Relationship with the sell er; that is, a relationship of care,
loyalty, fu ll di sclosure, obedience and du ty to account. B ecause of this relationship, you should not
share anything that you wouldn 't want the seller to know. For instance, if you are making an offer,
only give the seller' s agent the offer that you are making at the time - not the amount that you are
willing to go up to. For example - as a sell er' s agent, here is a list of some of the procedures that T can
assist you with .
3) There is also a relati o nshi p known as Buyer Agency. In a Buyer Agency relationship, you may be
required to sign an Exclusive Right to Represent form . Just as L isting Agents require their sellers to
sign an Exclusive Right to Sell. Thi s form explains that you have contracted an agent to represent you
for a specific period of time agreed upon by you and your agent; and even though your agent may be
able to share in the listing agent' s commi ssion, you are responsible for that commi ssion if for some
reason it is not obtained from the seller' s agent. If that is the case, the commissio n is negotiated into the
sale price of the acceptabl e offer. The agent is hired by you and owes you a Fiduciary Relationship,
which is identical to the relationshj p that the sell er' s agent has with the seller - one of care, loyalty, fu ll
di sclosure, obedience and duty to account. As a Buyer' s Agent, here is a li st of some of the procedures
that I can assist you with.
4) Agent representing both Seller and Buyer (Dual Agency): This type of agency is practiced onl y on
special occasions. The agent would be representing both parties, buyer and sell er, and w ill not be able
to provide the full range of fiduciary duties to both pa1iies. Both would be treated equally, and the agent
would not be able to advocate for either party and a ll confidential information remain s confidential.
H owever, there is an o ption called 'Designated Agent' in thi s ty pe of agency. If agreed by both cli ents,
the agent is appoi nted to become a D esig nated Agent and can continue to represent their client even
though the com pany remains in a Dual Agency Situati o n.
Do you feel comfotiabl e w ith the explanations g iven?
D o you have any questions?
I need your acknowledgement here (on the di sclosure sheet) stating that l have explained Di sclosure and
the levels of service.
CONFIDENTIAL HL00035365
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024
~
HOULIHAN L A WREN C E
AS A SELLER'S A GENT.. .
As a seller' s agent, these are some of the ways in which I can assist you in your Real Estate ' Buying'
process:
1) I will qualify you for the purpose of choosing homes in the right price range.
2) I will give you an estimate of what your monthly payments will be.
3) I will estimate the amount of cash that wil l be needed for your transaction.
4) I will provide access to the property for inspection.
5) I will drive to each home that you choose to tour.
6) I will present all offers that you give to the sel ler.
7) I will assist you with the names and phone numbers of several reputable engineers and termite
inspectors.
8) I will provide you with community information on: schools, transportation, recreation, places of
worship and any other areas of interest to you and your family.
9) I wi ll provide you with the proper timing of events.
l 0) I wi11 send your attorney a memorandum of alI facts, price and terms of your home.
11) I will provide access to property for Bank appraisal.
12) I will follow your transaction to the time of closing.
13) I wi ll arrange a final inspection of the property just prior to closing.
14) 1 will accompany you to the closing.
CON FIDE NTIAL HL00035366
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024
/~
HOULIHAN L A WREN C E
ASA BUYER'S AGENT...
As a buyer' s agent, these are some of the ways in which I can assist you in your Real Estate ' Buying '
Process:
1) I will give you an overview of the market.
2) I wi ll qualify you for the purpose of choosing homes in the right price range.
3) l will give you an estimate of what your monthly payments will be.
4) Twi ll estimate the amount of cash that will be needed for your transaction.
5) l will provide access to the property for inspection.
6) I wi ll drive to each home that you choose to tour.
7) I will help you with the offer by doing a CMA.
8) l will present all offers that you make to the seller and help you to construct the offer.
9) I will assist you with the names and phone numbers of several reputable engineers and termite
inspectors.
lO)T will provide you with community information on: schools, transportation, recreations, places of
worship and any other areas of interest to you and your family.
11) I will provide you with the proper timing of events.
12) l will send your attorney a memorandum of al l facts, price and terms of your home.
13) I will provide access to property for Bank appraisal.
14) l wi ll foll ow your transaction to the time of closing.
15) I wi 11 arrange a fl nal inspecti on of the property just prior to cl osing.
16) Twill accompany you to the closing.
CONFIDENTIAL HL00035367
Document Filed Date
March 11, 2024
Case Filing Date
July 14, 2018
Category
Commercial Division
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 38 “DISCLOSURE AND PROMPT SHEET” FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024 /~ HOULIHAN L A WREN C E Disclosure and Prompt Sheet for Sales Agents 1) Tell your customer/client that N YS Law requires that we explain the different types of agency relationships that are available to them in the buyi ng or sell ing process. 2) Seller's Agent: A sell er' s agent is someone who is hired and usually paid by the sell er. A sell er' s agent has what is known as a Fiduciary Relationship with the sell er; that is, a relationship of care, loyalty, fu ll di sclosure, obedience and du ty to account. B ecause of this relationship, you should not share anything that you wouldn 't want the seller to know. For instance, if you are making an offer, only give the seller' s agent the offer that you are making at the time - not the amount that you are willing to go up to. For example - as a sell er' s agent, here is a list of some of the procedures that T can assist you with . 3) There is also a relati o nshi p known as Buyer Agency. In a Buyer Agency relationship, you may be required to sign an Exclusive Right to Represent form . Just as L isting Agents require their sellers to sign an Exclusive Right to Sell. Thi s form explains that you have contracted an agent to represent you for a specific period of time agreed upon by you and your agent; and even though your agent may be able to share in the listing agent' s commi ssion, you are responsible for that commi ssion if for some reason it is not obtained from the seller' s agent. If that is the case, the commissio n is negotiated into the sale price of the acceptabl e offer. The agent is hired by you and owes you a Fiduciary Relationship, which is identical to the relationshj p that the sell er' s agent has with the seller - one of care, loyalty, fu ll di sclosure, obedience and duty to account. As a Buyer' s Agent, here is a li st of some of the procedures that I can assist you with. 4) Agent representing both Seller and Buyer (Dual Agency): This type of agency is practiced onl y on special occasions. The agent would be representing both parties, buyer and sell er, and w ill not be able to provide the full range of fiduciary duties to both pa1iies. Both would be treated equally, and the agent would not be able to advocate for either party and a ll confidential information remain s confidential. H owever, there is an o ption called 'Designated Agent' in thi s ty pe of agency. If agreed by both cli ents, the agent is appoi nted to become a D esig nated Agent and can continue to represent their client even though the com pany remains in a Dual Agency Situati o n. Do you feel comfotiabl e w ith the explanations g iven? D o you have any questions? I need your acknowledgement here (on the di sclosure sheet) stating that l have explained Di sclosure and the levels of service. CONFIDENTIAL HL00035365 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024 ~ HOULIHAN L A WREN C E AS A SELLER'S A GENT.. . As a seller' s agent, these are some of the ways in which I can assist you in your Real Estate ' Buying' process: 1) I will qualify you for the purpose of choosing homes in the right price range. 2) I will give you an estimate of what your monthly payments will be. 3) I will estimate the amount of cash that wil l be needed for your transaction. 4) I will provide access to the property for inspection. 5) I will drive to each home that you choose to tour. 6) I will present all offers that you give to the sel ler. 7) I will assist you with the names and phone numbers of several reputable engineers and termite inspectors. 8) I will provide you with community information on: schools, transportation, recreation, places of worship and any other areas of interest to you and your family. 9) I wi ll provide you with the proper timing of events. l 0) I wi11 send your attorney a memorandum of alI facts, price and terms of your home. 11) I will provide access to property for Bank appraisal. 12) I will follow your transaction to the time of closing. 13) I wi ll arrange a final inspection of the property just prior to closing. 14) 1 will accompany you to the closing. CON FIDE NTIAL HL00035366 FILED: WESTCHESTER COUNTY CLERK 03/11/2024 11:36 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1793 RECEIVED NYSCEF: 03/11/2024 /~ HOULIHAN L A WREN C E ASA BUYER'S AGENT... As a buyer' s agent, these are some of the ways in which I can assist you in your Real Estate ' Buying ' Process: 1) I will give you an overview of the market. 2) I wi ll qualify you for the purpose of choosing homes in the right price range. 3) l will give you an estimate of what your monthly payments will be. 4) Twi ll estimate the amount of cash that will be needed for your transaction. 5) l will provide access to the property for inspection. 6) I wi ll drive to each home that you choose to tour. 7) I will help you with the offer by doing a CMA. 8) l will present all offers that you make to the seller and help you to construct the offer. 9) I will assist you with the names and phone numbers of several reputable engineers and termite inspectors. lO)T will provide you with community information on: schools, transportation, recreations, places of worship and any other areas of interest to you and your family. 11) I will provide you with the proper timing of events. 12) l will send your attorney a memorandum of al l facts, price and terms of your home. 13) I will provide access to property for Bank appraisal. 14) l wi ll foll ow your transaction to the time of closing. 15) I wi 11 arrange a fl nal inspecti on of the property just prior to cl osing. 16) Twill accompany you to the closing. CONFIDENTIAL HL00035367