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 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024
HL EXHIBIT 11
GOLDSTEIN SIGNED 443 FORM
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024
New York State
*) DEPARTMENT OF STATE
Division of Licensing Services
. P.O. Box 22001 Customer Service: (518) 474-4429
Albany, NY 12201-2001 www.dos.state.ny.us
New York State Disclosure Form for Buyer arid Seller
THIS IS NOT A CONTRACT on terms acceptable to the buyer. A buyer's agent has,
without limitation, the following fiduciary duties to the
New York State law requires real estate licensees who
of buyers buyer: reasonable care, undivided loyalty, confidentiality,
are acting as agents or sellers of property to
advise the potential buyers or sellers with whom full disclosure, obedience and duty to account. A buyer's
they
work of the nature of their agency and the agent does not represent the interest of the seller. The ob-
relationship
n'ghts and obligations it creates. This disclosure will help ligations of a buyer's agent are also subject to any specif-
you to make informed choices about your relationship ic provisions set forth in an agreement between the agent
with the real estate broker and its sales agents. and the buyer. In dealings with the seller, a buyer's agent
Throughout the transaction you may receive more than should (a) exercise reasonable skill and care in perfor-
one disclosure form. The law may require each agent mance of the agent's duties; (b) deal honestly, fairly and
assisting in the transaction to present you with this dis- in good faith; and (c) disclose all facts known to the agent
closure form. A real estate agent is a person qualified to the buyer's and/or willingness
materially affecting ability
advise about real estate· to perform a contract to acquire seller's that are
property
If you need legal, tax or other advice, consult with a not inconsistent with the agent's fiduciary duties to the
professional in that field- buyer.
Broker's Agents
Disclosure Regarding Real Estate
A broker's agent is an agent that cooperates or is engaged
Agency RelationshipS
by a listing agent or a buyer's agent (but does not work
Seller's Agent for the same firm as the listing agent
agent) to or buyer's
A seller's agent is an agent who is engaged by a seller to assist the
listing agent or buyer's agent in locating a
represent the seller's interests. The seller's agent does this property to sell or buy, respectively, for the listing agent's
a buyer for the seller's home at a price and on seller or the buyer agent's buyer. The broker's agent does
by securing
terms acceptable to the seller. A seller's agent with- not have a direct relationship with the buyer or seller and
has,
out limitation, the following fiduciary duties to the seller: the buyer or seller can not provide instructions or direc-
reasonable care, undivided loyalty, confidentiality, full tion directly to the broker's agent. The buyer and the sel-
disclosure, obedience and duty to account. A seller's ler therefore do not have vicarious liability for the acts of
agent does not represent the interests of the buyer. The the broker's agent. The listing agent or buyer's agent do
obligations of a seller's agent are also subject to any spe- provide direction and instruction to the broker's agent
cific provisions set forth in an agreement between the and therefore the listing agent or buyer's agent will have
agent and the seller. In dealings with the buyer, a seller's liability for the acts of the broker's agent.
agent should (a) exercise reasonable skill and care in per-
formance of the agent's duties; (b) deal honestly, fairly Dual Agent
and in good faith; and (c) disclose all facts known to the A real estate broker both the buyer and sel-
may represent
agent materially affecting the value or desirability of ler if both the buyer and seller give their informed con-
property, except as otherwise provided by law. sent in writing. In such a dual the agent
agency situation,
will not be able to provide the full range of fiduciary du-
Buyer's Agent ties to the buyer and seller. The obligations of an agent
A buyer's agent is an agent who is engaged by a buyer to are also subject to any specific provisions set forth in an
represent the buyer's interests. The buyer's agent does agreement between the agent, and the buyer and seller.
this by negotiating the purchase of a home at a price and An agent acting as a dual agent must explain carefully to
DOS-1736-a (Rev. 11/10)
f)EXHIBITiM
FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024
.both the buyer and seller that the agent is acting for the of the real estate broker. With the informed consent of the
other party as well. The agent should also explain the buyer and the seller in writing, the designated sales agent
.possible effects of dual representation, including that by for the buyer will function as the buyer's agent represent-
consenting to the dual agency relationship the buyer and ing the interests of and advocating on behalf of the buyer
seller are giving their right to undivided loyalty. A and the designated sales agent for the seller will
function
up
buyer or seller should carefully consider the possible con. as the seller's agent representing of and ad-
the interests
before on behalf of the seller in the negotiations be-
sequences of a dual agency relationship agreeing vocating
to such representation. A seller or buyer provide ad- tween the buyer and seller. A designated sales agent can-
may
vance informed consent to dual the not provide the full range of fiduciary duties to the buyer
agency by indicating
on this form. or seller. The designated sales agent must explainthat
same
like the dual agent under whose supervision func-
they
Dual Agent with Designated Sales Agents tion, they cannot provide undivided loyalty. A buyer or
seller should consider the possible conse-
If the buyer and seller provide their informed consent in carefully
estate
quences of a dual agency relationship with designated
writing, the principals and the real broker who
represents both parties as a dual agent may designate a
sales agents before agreeing to such representation. A sel-
ler or buyer
may advanceprovide informed consent to
sales agent to represent the buyer and another sales agent
dual agency with designated sales agents by indicating
to represent the seller to negotiate the purchase and sale
the same on this form.
of real estate. A sales agent works under the supervision
This form was provided to me byLSharleen Fleming (print name of licensee) of
(print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the:
( Seller as a (check relationship below) Buyer as a (check relationship below)
Seller's agent Buyer's agent
Brokers agent . Broker's agent
( Dual agent
Dual agent with designated sales agent
For advance Informed consent to either dual agency or dual agency with designated sales agents complete section below:
Advance Informed consent dual agency
Advance informed consent to dual agency with designated sales agents
If dual agent with designated sales agents is indicated above: is appelnted to
represent the buyer: and Sharleen Fleming ,ls appointed to represent the seller in this transaction.
(1) (We)Pamela Goldstein & Muslim Lika ,acknowledge receipt of a copy of this disclosure
form: signature of Buyer(s) and/or g Seller(s):
Date: Date e / 4
Dos-1736-a (Rev. 11/10)
Document Filed Date
March 11, 2024
Case Filing Date
July 14, 2018
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024 HL EXHIBIT 11 GOLDSTEIN SIGNED 443 FORM FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024 New York State *) DEPARTMENT OF STATE Division of Licensing Services . P.O. Box 22001 Customer Service: (518) 474-4429 Albany, NY 12201-2001 www.dos.state.ny.us New York State Disclosure Form for Buyer arid Seller THIS IS NOT A CONTRACT on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the New York State law requires real estate licensees who of buyers buyer: reasonable care, undivided loyalty, confidentiality, are acting as agents or sellers of property to advise the potential buyers or sellers with whom full disclosure, obedience and duty to account. A buyer's they work of the nature of their agency and the agent does not represent the interest of the seller. The ob- relationship n'ghts and obligations it creates. This disclosure will help ligations of a buyer's agent are also subject to any specif- you to make informed choices about your relationship ic provisions set forth in an agreement between the agent with the real estate broker and its sales agents. and the buyer. In dealings with the seller, a buyer's agent Throughout the transaction you may receive more than should (a) exercise reasonable skill and care in perfor- one disclosure form. The law may require each agent mance of the agent's duties; (b) deal honestly, fairly and assisting in the transaction to present you with this dis- in good faith; and (c) disclose all facts known to the agent closure form. A real estate agent is a person qualified to the buyer's and/or willingness materially affecting ability advise about real estate· to perform a contract to acquire seller's that are property If you need legal, tax or other advice, consult with a not inconsistent with the agent's fiduciary duties to the professional in that field- buyer. Broker's Agents Disclosure Regarding Real Estate A broker's agent is an agent that cooperates or is engaged Agency RelationshipS by a listing agent or a buyer's agent (but does not work Seller's Agent for the same firm as the listing agent agent) to or buyer's A seller's agent is an agent who is engaged by a seller to assist the listing agent or buyer's agent in locating a represent the seller's interests. The seller's agent does this property to sell or buy, respectively, for the listing agent's a buyer for the seller's home at a price and on seller or the buyer agent's buyer. The broker's agent does by securing terms acceptable to the seller. A seller's agent with- not have a direct relationship with the buyer or seller and has, out limitation, the following fiduciary duties to the seller: the buyer or seller can not provide instructions or direc- reasonable care, undivided loyalty, confidentiality, full tion directly to the broker's agent. The buyer and the sel- disclosure, obedience and duty to account. A seller's ler therefore do not have vicarious liability for the acts of agent does not represent the interests of the buyer. The the broker's agent. The listing agent or buyer's agent do obligations of a seller's agent are also subject to any spe- provide direction and instruction to the broker's agent cific provisions set forth in an agreement between the and therefore the listing agent or buyer's agent will have agent and the seller. In dealings with the buyer, a seller's liability for the acts of the broker's agent. agent should (a) exercise reasonable skill and care in per- formance of the agent's duties; (b) deal honestly, fairly Dual Agent and in good faith; and (c) disclose all facts known to the A real estate broker both the buyer and sel- may represent agent materially affecting the value or desirability of ler if both the buyer and seller give their informed con- property, except as otherwise provided by law. sent in writing. In such a dual the agent agency situation, will not be able to provide the full range of fiduciary du- Buyer's Agent ties to the buyer and seller. The obligations of an agent A buyer's agent is an agent who is engaged by a buyer to are also subject to any specific provisions set forth in an represent the buyer's interests. The buyer's agent does agreement between the agent, and the buyer and seller. this by negotiating the purchase of a home at a price and An agent acting as a dual agent must explain carefully to DOS-1736-a (Rev. 11/10) f)EXHIBITiM FILED: WESTCHESTER COUNTY CLERK 03/11/2024 10:30 AM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1684 RECEIVED NYSCEF: 03/11/2024 .both the buyer and seller that the agent is acting for the of the real estate broker. With the informed consent of the other party as well. The agent should also explain the buyer and the seller in writing, the designated sales agent .possible effects of dual representation, including that by for the buyer will function as the buyer's agent represent- consenting to the dual agency relationship the buyer and ing the interests of and advocating on behalf of the buyer seller are giving their right to undivided loyalty. A and the designated sales agent for the seller will function up buyer or seller should carefully consider the possible con. as the seller's agent representing of and ad- the interests before on behalf of the seller in the negotiations be- sequences of a dual agency relationship agreeing vocating to such representation. A seller or buyer provide ad- tween the buyer and seller. A designated sales agent can- may vance informed consent to dual the not provide the full range of fiduciary duties to the buyer agency by indicating on this form. or seller. The designated sales agent must explainthat same like the dual agent under whose supervision func- they Dual Agent with Designated Sales Agents tion, they cannot provide undivided loyalty. A buyer or seller should consider the possible conse- If the buyer and seller provide their informed consent in carefully estate quences of a dual agency relationship with designated writing, the principals and the real broker who represents both parties as a dual agent may designate a sales agents before agreeing to such representation. A sel- ler or buyer may advanceprovide informed consent to sales agent to represent the buyer and another sales agent dual agency with designated sales agents by indicating to represent the seller to negotiate the purchase and sale the same on this form. of real estate. A sales agent works under the supervision This form was provided to me byLSharleen Fleming (print name of licensee) of (print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the: ( Seller as a (check relationship below) Buyer as a (check relationship below) Seller's agent Buyer's agent Brokers agent . Broker's agent ( Dual agent Dual agent with designated sales agent For advance Informed consent to either dual agency or dual agency with designated sales agents complete section below: Advance Informed consent dual agency Advance informed consent to dual agency with designated sales agents If dual agent with designated sales agents is indicated above: is appelnted to represent the buyer: and Sharleen Fleming ,ls appointed to represent the seller in this transaction. (1) (We)Pamela Goldstein & Muslim Lika ,acknowledge receipt of a copy of this disclosure form: signature of Buyer(s) and/or g Seller(s): Date: Date e / 4 Dos-1736-a (Rev. 11/10)