Preview
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
EXHIBIT 24
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
EXHIBIT 44
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
From: Chrystal, Toni
Sent: Fri 9/26/2014 11:49 AM (GMT-04:00)
To: Chonat, Manoj
Cc: Lafreniere, Andrew
Bcc:
Subject: Buyer Packet Forms
Attachments: Buyer Packet Forms.zip
Annette "Toni" Chrystal
Licensed RE Associate Broker
Accredited Buyer Representative
Education Coordinator
(914) 673-1640 (Mobile/Text)
(914) 219-3218 (Fax)
(914) 328-5200 (Desk)
CONFIDENTIAL HL00035347
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
HOC LAV I E
COMPANY POLICY REGARDING BUYER CLIENTS
Acknowledgment and Agreement as to Permissible Dealings with Other Buyers
As a Buyer Client, you should be aware that we may have other Buyer Clients and Buyer Customers to whom
we may show the very same properties in which you may be interested. In some instances, there may even be
circumstances in which other Buyer Clients or Buyer Customers place offers on properties in which you are
interested. We reserve the right to do this, just as we reserve the right to take listings from more than one
Seller. Two Buyers, whether Clients or Customers of our Company, can conceivably compete to purchase the
same residence, whether it is listed by our Company or another Company. We want you to be aware and to
acknowledge your understanding and agreement.
Advice on Technical Matters
Houlihan Lawrence and its Licensed Sales Associates and Associate Brokers will not counsel Client on legal
matters, home inspections, public health, surveying, tax, financial or other technical matters which are
outside the scope of expertise. Houlihan Lawrence recommends that Client seek the advice and counsel of
qualified experts in connection with the physical property, its state of repair, water, termite, radon, lead and
similar tests and as to legal matters with respect to properties. Client hereby acknowledges that it is the
Client's sole responsibility for obtaining such services and for retaining any experts which the Client chooses
to obtain.
Sellers, Listing Agents and Offers
There is a possibility that Sellers may instruct their Listing Agents to reveal particulars of offers which they
are considering to other prospective purchasers. This is solely at the Seller's discretion. You may request
that your offer be kept confidential, but once again, it is at the Seller's discretion whether or not to agree to
that.
What Can You Expect From Us?
Undivided Loyalty(unless in Dual Agency)
Confidentiality
Full Disclosure(unless in Dual Agency)
Obedience
A Duty to Account
(I)We acknowledge that we have received, read and understand the above Policy statement of Houlihan
Lawrence.
BUYERS:
Name: Name:
Date: Date:
10/2007
CONFIDENTIAL HL00035348
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
Print
NEW YORK STATE DISCLOSURE FORM FOR BUYER AND SELLER
THIS IS NOT A CONTRACT
New York state law requires real estate licensees who to account. A buyer's agent does not represent the
are acting as agents of buyers or sellers of property to interests of the seller. The obligations of a buyer's
advise the potential buyers or sellers with whom they agent are also subject to any specific provisions set
work of the nature of their agency relationship and forth in an agreement between the agent and the buy-
the rights and obligations it creates. This disclosure er. In dealings with the seller, a buyer's agent should
will help you to make informed choices about your (a) exercise reasonable skill and care in performance
relationship with the real estate broker and its sales of the agent's duties; (b) deal honestly, fairly and in
agents. good faith; and (c) disclose all facts known to the
agent materially affecting the buyer's ability and/or
Throughout the transaction you may receive more
willingness to perform a contract to acquire seller's
•.. than one disclosure form. The law may require each
property that are not inconsistent with the agent's fi-
agent assisting in the transaction to present you with
duciary duties to the buyer.
this disclosure form. A real estate agent is a person
qualified to advise about real estate.
BROKER'S AGENTS
If you need legal, tax or other advice, consult with a
A broker's agent is an agent that cooperates or is en-
professional in that field.
gaged by a listing agent or a buyer's agent (but does
not work for the same firm as the listing agent or
DISCLOSURE REGARDING REAL ESTATE
buyer's agent) to assist the listing agent or buyer's
AGENCY RELATIONSHIPS
agent in locating a property to sell or buy, respective- •
ly, for the listing agent's seller or the buyer agent's
SELLER'S AGENT
buyer. The broker's agent does not have a direct rela-
A seller's agent is an agent who is engaged by a seller tionship with the buyer or seller and the buyer or sel-
to represent the seller's interests. The seller's agent ler cannot provide instructions or direction directly to
does this by securing a buyer for the seller's home at the broker's agent. The buyer and the seller therefore
a price and on terms acceptable to the seller. A sel- do not have vicarious liability for the acts of the bro-
ler's agent has, without limitation, the following fidu- ker's agent. The listing agent or buyer's agent do pro-
ciary duties to the seller: reasonable care, undivided vide direction and instruction to the broker's agent
loyalty, confidentiality, full disclosure, obedience and and therefore the listing agent or buyer's agent will
duty to account. A seller's agent does not represent have liability for the acts of the broker's agent.
the interests of the buyer. The obligations of a seller's
agent are also subject to any specific provisions set DUAL AGENT
forth in an agreement between the agent and the sel-
A real estate broker may represent both the buyer and
ler. In dealings with the buyer, a seller's agent should
the seller if both the buyer and seller give their in-
(a) exercise reasonable skill and care in performance
formed consent in writing. In such a dual agency sit-
of the agent's duties; (b) deal honestly, fairly and in
uation, the agent will not be able to provide the full
good faith; and (c) disclose all facts known to the
range of fiduciary duties to the buyer and seller. The
agent materially affecting the value or desirability of
obligations of an agent are also subject to any specif-
property, except as otherwise provided by law.
ic provisions set forth in an agreement between the
agent, and the buyer and seller. An agent acting as a
BUYER'S AGENT
dual agent must explain carefully to both the buyer
A buyer's agent is an agent who is engaged by a buy- and seller that the agent is acting for the other party
er to represent the buyer's interests. The buyer's agent as well. The agent should also explain the possible
does this by negotiating the purchase of a home at a effects of dual representation, including that by con-
price and on terms acceptable to the buyer. A buyer's senting to the dual agency relationship the buyer and
agent has, without limitation, the following fiduciary seller are giving up their right to undivided loyalty. A
duties to the buyer: reasonable care, undivided loyal- buyer or seller should carefully consider the possible
ty, confidentiality, full disclosure, obedience and duty consequences of a dual agency relationship before
Print
CONFIDENTIAL HL00035349
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
agreeing to such representation. A seller or buyer the interests of and advocating on behalf of the buyer
may provide advance informed consent to dual agen- and the designated sales agent for the seller will func-
cy by indicating the same on this form. tion as the seller's agent representing the interests of
and advocating on behalf of the seller in the negotia-
DUAL AGENT WITH DESIGNATED SALES tions between the buyer and seller. A designated sales
AGENTS agent cannot provide the full range of fiduciary duties
to the buyer or seller. The designated sales agent
If the buyer and the seller provide their informed
must explain that like the dual agent under whose
consent in writing, the principals and the real estate
supervision they function, they cannot provide undi-
broker who represents both parties as a dual agent
vided loyalty. A buyer or seller should carefully con-
may designate a sales agent to represent the buyer
sider the possible consequences of a dual agency re-
and another sales agent to represent the seller to ne-
lationship with designated sales agents before agree-
gotiate the purchase and sale of real estate. A sales
ing to such representation. A seller or buyer may
agent works under the supervision of the real estate
provide advance informed consent to dual agency
broker. With the informed consent of the buyer and
with designated sales agents by indicating the same
the seller in writing, the designated sales agent for the
on this form.
buyer will function as the buyer's agent representing
This form was provided to me by (print name of licensee) of
(print name of company, firm or brokerage), a licensed real estate broker
acting in the interest of the:
•
••
O Seller as a (check relationship below) El Buyer as a (check relationship below)
O Seller's agent .. O Buyer's agent
Broker's agent In Broker's agent
O Dual agent
O Dual agent with designated sales agents
. .
For advance infornied consent to either dual agency or dual agency with designated sales agents complete sec- •
tion below:
• . .. •
O Advance inforined consent du-al agency
0 Advance informed consentto dual agency with designated sales agents
If dual agent with designated sales agents is indicated above:
is appointed to represent the buyer; and
is appointed to represent the seller in this transaction.
(l)(We) acknowledge receipt of a copy of this disclosure form:
Signature of Buyer(s) and/or Seller(s):
Date: Date:
Print
CONFIDENTIAL HL00035350
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
Disclosure and Prompt Sheet for Sales Ajients
1) Tell your customer/client that NYS Law requires that we explain the different types of agency
relationships that are available to them in the buying or selling process.
2) Seller's Agent: A seller's agent is someone who is hired and usually paid by the seller. A seller's
agent has what is known as a Fiduciary Relationship with the seller; that is, a relationship of care,
loyalty, full disclosure, obedience and duty to account. Because 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 seller's agent, here is a list of some of the procedures that I can
assist you with.
3) There is also a relationship known as Buyer Agency. In a Buyer Agency relationship, you may be
required to sign an Exclusive Right to Represent form. Just as Listing Agents require their sellers to
sign an Exclusive Right to Sell. This 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 commission, you are responsible for that commission if for some
reason it is not obtained from the seller's agent. If that is the case, the commission is negotiated into the
sale price of the acceptable offer. The agent is hired by you and owes you a Fiduciary Relationship,
which is identical to the relationship that the seller's agent has with the seller — one of care, loyalty, full
disclosure, obedience and duty to account. As a Buyer's Agent, here is a list 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 only on
special occasions. The agent would be representing both parties, buyer and seller, and will not be able
to provide the full range of fiduciary duties to both parties. Both would be treated equally, and the agent
would not be able to advocate for either party and all confidential information remains confidential.
However, there is an option called `Designated Agent' in this type of agency. If agreed by both clients,
the agent is appointed to become a Designated Agent and can continue to represent their client even
though the company remains in a Dual Agency Situation.
Do you feel comfortable with the explanations given?
Do you have any questions?
I need your acknowledgement here (on the disclosure sheet) stating that I have explained Disclosure and
the levels of service.
CONFIDENTIAL HL00035351
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
AS A SELLER'S AGENT...
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 will 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 seller.
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 will provide you with the proper timing of events.
10) I will send your attorney a memorandum of all 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 will arrange a final inspection of the property just prior to closing.
14) I will accompany you to the closing.
CONFIDENTIAL HL00035352
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
AS A 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 will qualify you for the purpose of choosing homes in the right price range.
3) I will give you an estimate of what your monthly payments will be.
4) I will estimate the amount of cash that will be needed for your transaction.
5) I will provide access to the property for inspection.
6) I will drive to each home that you choose to tour.
7) I will help you with the offer by doing a CMA.
8) I 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.
10) I 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) I will send your attorney a memorandum of all facts, price and terms of your home.
13) I will provide access to property for Bank appraisal.
14) I will follow your transaction to the time of closing.
15) I will arrange a final inspection of the property just prior to closing.
16) I will accompany you to the closing.
CONFIDENTIAL HL00035353
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
Disclosure and Prompt Sheet for Sales Ajients
1) Tell your customer/client that NYS Law requires that we explain the different types of agency
relationships that are available to them in the buying or selling process.
2) Seller's Agent: A seller's agent is someone who is hired and usually paid by the seller. A seller's
agent has what is known as a Fiduciary Relationship with the seller; that is, a relationship of care,
loyalty, full disclosure, obedience and duty to account. Because 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 seller's agent, here is a list of some of the procedures that I can
assist you with.
3) There is also a relationship known as Buyer Agency. In a Buyer Agency relationship, you may be
required to sign an Exclusive Right to Represent form. Just as Listing Agents require their sellers to
sign an Exclusive Right to Sell. This 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 commission, you are responsible for that commission if for some
reason it is not obtained from the seller's agent. If that is the case, the commission is negotiated into the
sale price of the acceptable offer. The agent is hired by you and owes you a Fiduciary Relationship,
which is identical to the relationship that the seller's agent has with the seller — one of care, loyalty, full
disclosure, obedience and duty to account. As a Buyer's Agent, here is a list 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 only on
special occasions. The agent would be representing both parties, buyer and seller, and will not be able
to provide the full range of fiduciary duties to both parties. Both would be treated equally, and the agent
would not be able to advocate for either party and all confidential information remains confidential.
However, there is an option called `Designated Agent' in this type of agency. If agreed by both clients,
the agent is appointed to become a Designated Agent and can continue to represent their client even
though the company remains in a Dual Agency Situation.
Do you feel comfortable with the explanations given?
Do you have any questions?
I need your acknowledgement here (on the disclosure sheet) stating that I have explained Disclosure and
the levels of service.
CONFIDENTIAL HL00035354
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
AS A SELLER'S AGENT...
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 will 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 seller.
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 will provide you with the proper timing of events.
10) I will send your attorney a memorandum of all 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 will arrange a final inspection of the property just prior to closing.
14) I will accompany you to the closing.
CONFIDENTIAL HL00035355
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024
AS A 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 will qualify you for the purpose of choosing homes in the right price range.
3) I will give you an estimate of what your monthly payments will be.
4) I will estimate the amount of cash that will be needed for your transaction.
5) I will provide access to the property for inspection.
6) I will drive to each home that you choose to tour.
7) I will help you with the offer by doing a CMA.
8) I 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.
10) I 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) I will send your attorney a memorandum of all facts, price and terms of your home.
13) I will provide access to property for Bank appraisal.
14) I will follow your transaction to the time of closing.
15) I will arrange a final inspection of the property just prior to closing.
16) I will accompany you to the closing.
CONFIDENTIAL HL00035356
Preview
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 EXHIBIT 24 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 EXHIBIT 44 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 From: Chrystal, Toni Sent: Fri 9/26/2014 11:49 AM (GMT-04:00) To: Chonat, Manoj Cc: Lafreniere, Andrew Bcc: Subject: Buyer Packet Forms Attachments: Buyer Packet Forms.zip Annette "Toni" Chrystal Licensed RE Associate Broker Accredited Buyer Representative Education Coordinator (914) 673-1640 (Mobile/Text) (914) 219-3218 (Fax) (914) 328-5200 (Desk) CONFIDENTIAL HL00035347 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 HOC LAV I E COMPANY POLICY REGARDING BUYER CLIENTS Acknowledgment and Agreement as to Permissible Dealings with Other Buyers As a Buyer Client, you should be aware that we may have other Buyer Clients and Buyer Customers to whom we may show the very same properties in which you may be interested. In some instances, there may even be circumstances in which other Buyer Clients or Buyer Customers place offers on properties in which you are interested. We reserve the right to do this, just as we reserve the right to take listings from more than one Seller. Two Buyers, whether Clients or Customers of our Company, can conceivably compete to purchase the same residence, whether it is listed by our Company or another Company. We want you to be aware and to acknowledge your understanding and agreement. Advice on Technical Matters Houlihan Lawrence and its Licensed Sales Associates and Associate Brokers will not counsel Client on legal matters, home inspections, public health, surveying, tax, financial or other technical matters which are outside the scope of expertise. Houlihan Lawrence recommends that Client seek the advice and counsel of qualified experts in connection with the physical property, its state of repair, water, termite, radon, lead and similar tests and as to legal matters with respect to properties. Client hereby acknowledges that it is the Client's sole responsibility for obtaining such services and for retaining any experts which the Client chooses to obtain. Sellers, Listing Agents and Offers There is a possibility that Sellers may instruct their Listing Agents to reveal particulars of offers which they are considering to other prospective purchasers. This is solely at the Seller's discretion. You may request that your offer be kept confidential, but once again, it is at the Seller's discretion whether or not to agree to that. What Can You Expect From Us? Undivided Loyalty(unless in Dual Agency) Confidentiality Full Disclosure(unless in Dual Agency) Obedience A Duty to Account (I)We acknowledge that we have received, read and understand the above Policy statement of Houlihan Lawrence. BUYERS: Name: Name: Date: Date: 10/2007 CONFIDENTIAL HL00035348 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 Print NEW YORK STATE DISCLOSURE FORM FOR BUYER AND SELLER THIS IS NOT A CONTRACT New York state law requires real estate licensees who to account. A buyer's agent does not represent the are acting as agents of buyers or sellers of property to interests of the seller. The obligations of a buyer's advise the potential buyers or sellers with whom they agent are also subject to any specific provisions set work of the nature of their agency relationship and forth in an agreement between the agent and the buy- the rights and obligations it creates. This disclosure er. In dealings with the seller, a buyer's agent should will help you to make informed choices about your (a) exercise reasonable skill and care in performance relationship with the real estate broker and its sales of the agent's duties; (b) deal honestly, fairly and in agents. good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or Throughout the transaction you may receive more willingness to perform a contract to acquire seller's •.. than one disclosure form. The law may require each property that are not inconsistent with the agent's fi- agent assisting in the transaction to present you with duciary duties to the buyer. this disclosure form. A real estate agent is a person qualified to advise about real estate. BROKER'S AGENTS If you need legal, tax or other advice, consult with a A broker's agent is an agent that cooperates or is en- professional in that field. gaged by a listing agent or a buyer's agent (but does not work for the same firm as the listing agent or DISCLOSURE REGARDING REAL ESTATE buyer's agent) to assist the listing agent or buyer's AGENCY RELATIONSHIPS agent in locating a property to sell or buy, respective- • ly, for the listing agent's seller or the buyer agent's SELLER'S AGENT buyer. The broker's agent does not have a direct rela- A seller's agent is an agent who is engaged by a seller tionship with the buyer or seller and the buyer or sel- to represent the seller's interests. The seller's agent ler cannot provide instructions or direction directly to does this by securing a buyer for the seller's home at the broker's agent. The buyer and the seller therefore a price and on terms acceptable to the seller. A sel- do not have vicarious liability for the acts of the bro- ler's agent has, without limitation, the following fidu- ker's agent. The listing agent or buyer's agent do pro- ciary duties to the seller: reasonable care, undivided vide direction and instruction to the broker's agent loyalty, confidentiality, full disclosure, obedience and and therefore the listing agent or buyer's agent will duty to account. A seller's agent does not represent have liability for the acts of the broker's agent. the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set DUAL AGENT forth in an agreement between the agent and the sel- A real estate broker may represent both the buyer and ler. In dealings with the buyer, a seller's agent should the seller if both the buyer and seller give their in- (a) exercise reasonable skill and care in performance formed consent in writing. In such a dual agency sit- of the agent's duties; (b) deal honestly, fairly and in uation, the agent will not be able to provide the full good faith; and (c) disclose all facts known to the range of fiduciary duties to the buyer and seller. The agent materially affecting the value or desirability of obligations of an agent are also subject to any specif- property, except as otherwise provided by law. ic provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a BUYER'S AGENT dual agent must explain carefully to both the buyer A buyer's agent is an agent who is engaged by a buy- and seller that the agent is acting for the other party er to represent the buyer's interests. The buyer's agent as well. The agent should also explain the possible does this by negotiating the purchase of a home at a effects of dual representation, including that by con- price and on terms acceptable to the buyer. A buyer's senting to the dual agency relationship the buyer and agent has, without limitation, the following fiduciary seller are giving up their right to undivided loyalty. A duties to the buyer: reasonable care, undivided loyal- buyer or seller should carefully consider the possible ty, confidentiality, full disclosure, obedience and duty consequences of a dual agency relationship before Print CONFIDENTIAL HL00035349 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 agreeing to such representation. A seller or buyer the interests of and advocating on behalf of the buyer may provide advance informed consent to dual agen- and the designated sales agent for the seller will func- cy by indicating the same on this form. tion as the seller's agent representing the interests of and advocating on behalf of the seller in the negotia- DUAL AGENT WITH DESIGNATED SALES tions between the buyer and seller. A designated sales AGENTS agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent If the buyer and the seller provide their informed must explain that like the dual agent under whose consent in writing, the principals and the real estate supervision they function, they cannot provide undi- broker who represents both parties as a dual agent vided loyalty. A buyer or seller should carefully con- may designate a sales agent to represent the buyer sider the possible consequences of a dual agency re- and another sales agent to represent the seller to ne- lationship with designated sales agents before agree- gotiate the purchase and sale of real estate. A sales ing to such representation. A seller or buyer may agent works under the supervision of the real estate provide advance informed consent to dual agency broker. With the informed consent of the buyer and with designated sales agents by indicating the same the seller in writing, the designated sales agent for the on this form. buyer will function as the buyer's agent representing This form was provided to me by (print name of licensee) of (print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the: • •• O Seller as a (check relationship below) El Buyer as a (check relationship below) O Seller's agent .. O Buyer's agent Broker's agent In Broker's agent O Dual agent O Dual agent with designated sales agents . . For advance infornied consent to either dual agency or dual agency with designated sales agents complete sec- • tion below: • . .. • O Advance inforined consent du-al agency 0 Advance informed consentto dual agency with designated sales agents If dual agent with designated sales agents is indicated above: is appointed to represent the buyer; and is appointed to represent the seller in this transaction. (l)(We) acknowledge receipt of a copy of this disclosure form: Signature of Buyer(s) and/or Seller(s): Date: Date: Print CONFIDENTIAL HL00035350 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 Disclosure and Prompt Sheet for Sales Ajients 1) Tell your customer/client that NYS Law requires that we explain the different types of agency relationships that are available to them in the buying or selling process. 2) Seller's Agent: A seller's agent is someone who is hired and usually paid by the seller. A seller's agent has what is known as a Fiduciary Relationship with the seller; that is, a relationship of care, loyalty, full disclosure, obedience and duty to account. Because 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 seller's agent, here is a list of some of the procedures that I can assist you with. 3) There is also a relationship known as Buyer Agency. In a Buyer Agency relationship, you may be required to sign an Exclusive Right to Represent form. Just as Listing Agents require their sellers to sign an Exclusive Right to Sell. This 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 commission, you are responsible for that commission if for some reason it is not obtained from the seller's agent. If that is the case, the commission is negotiated into the sale price of the acceptable offer. The agent is hired by you and owes you a Fiduciary Relationship, which is identical to the relationship that the seller's agent has with the seller — one of care, loyalty, full disclosure, obedience and duty to account. As a Buyer's Agent, here is a list 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 only on special occasions. The agent would be representing both parties, buyer and seller, and will not be able to provide the full range of fiduciary duties to both parties. Both would be treated equally, and the agent would not be able to advocate for either party and all confidential information remains confidential. However, there is an option called `Designated Agent' in this type of agency. If agreed by both clients, the agent is appointed to become a Designated Agent and can continue to represent their client even though the company remains in a Dual Agency Situation. Do you feel comfortable with the explanations given? Do you have any questions? I need your acknowledgement here (on the disclosure sheet) stating that I have explained Disclosure and the levels of service. CONFIDENTIAL HL00035351 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 AS A SELLER'S AGENT... 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 will 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 seller. 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 will provide you with the proper timing of events. 10) I will send your attorney a memorandum of all 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 will arrange a final inspection of the property just prior to closing. 14) I will accompany you to the closing. CONFIDENTIAL HL00035352 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 AS A 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 will qualify you for the purpose of choosing homes in the right price range. 3) I will give you an estimate of what your monthly payments will be. 4) I will estimate the amount of cash that will be needed for your transaction. 5) I will provide access to the property for inspection. 6) I will drive to each home that you choose to tour. 7) I will help you with the offer by doing a CMA. 8) I 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. 10) I 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) I will send your attorney a memorandum of all facts, price and terms of your home. 13) I will provide access to property for Bank appraisal. 14) I will follow your transaction to the time of closing. 15) I will arrange a final inspection of the property just prior to closing. 16) I will accompany you to the closing. CONFIDENTIAL HL00035353 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 Disclosure and Prompt Sheet for Sales Ajients 1) Tell your customer/client that NYS Law requires that we explain the different types of agency relationships that are available to them in the buying or selling process. 2) Seller's Agent: A seller's agent is someone who is hired and usually paid by the seller. A seller's agent has what is known as a Fiduciary Relationship with the seller; that is, a relationship of care, loyalty, full disclosure, obedience and duty to account. Because 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 seller's agent, here is a list of some of the procedures that I can assist you with. 3) There is also a relationship known as Buyer Agency. In a Buyer Agency relationship, you may be required to sign an Exclusive Right to Represent form. Just as Listing Agents require their sellers to sign an Exclusive Right to Sell. This 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 commission, you are responsible for that commission if for some reason it is not obtained from the seller's agent. If that is the case, the commission is negotiated into the sale price of the acceptable offer. The agent is hired by you and owes you a Fiduciary Relationship, which is identical to the relationship that the seller's agent has with the seller — one of care, loyalty, full disclosure, obedience and duty to account. As a Buyer's Agent, here is a list 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 only on special occasions. The agent would be representing both parties, buyer and seller, and will not be able to provide the full range of fiduciary duties to both parties. Both would be treated equally, and the agent would not be able to advocate for either party and all confidential information remains confidential. However, there is an option called `Designated Agent' in this type of agency. If agreed by both clients, the agent is appointed to become a Designated Agent and can continue to represent their client even though the company remains in a Dual Agency Situation. Do you feel comfortable with the explanations given? Do you have any questions? I need your acknowledgement here (on the disclosure sheet) stating that I have explained Disclosure and the levels of service. CONFIDENTIAL HL00035354 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 AS A SELLER'S AGENT... 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 will 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 seller. 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 will provide you with the proper timing of events. 10) I will send your attorney a memorandum of all 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 will arrange a final inspection of the property just prior to closing. 14) I will accompany you to the closing. CONFIDENTIAL HL00035355 FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1897 RECEIVED NYSCEF: 04/22/2024 AS A 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 will qualify you for the purpose of choosing homes in the right price range. 3) I will give you an estimate of what your monthly payments will be. 4) I will estimate the amount of cash that will be needed for your transaction. 5) I will provide access to the property for inspection. 6) I will drive to each home that you choose to tour. 7) I will help you with the offer by doing a CMA. 8) I 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. 10) I 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) I will send your attorney a memorandum of all facts, price and terms of your home. 13) I will provide access to property for Bank appraisal. 14) I will follow your transaction to the time of closing. 15) I will arrange a final inspection of the property just prior to closing. 16) I will accompany you to the closing. CONFIDENTIAL HL00035356