Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord's efforts to abate violations.
July 10, 2018 at 02:30 PM
2 minute read
Brokerage—Agents May Attempt to Undermine a Transaction Being Advanced By Another Agent Working In the Same Brokerage Firm—Fiduciary Duties—Negligence—Interference With Contract—Implied Covenant of Good Faith and Fair Dealing
But two buyer's agents simply affiliated with the same real estate brokerage firm and acting on behalf of different buyers bidding on the same property generally do not present comparable risks. There is no incentive for these agents to represent their clients less than zealously specifically agree otherwise 106 N. Broadway LLC v. Houlihan Lawrence, Sup. Ct., Westchester Co., Index No. 57543/2017, dated March 15, 2018, Ruderman, J.
Landlord-Tenant—Motion For Civil Contempt and Civil Penalties Denied—No Negative Inference Drawn From Board Members Not Testifying—No Reason to Believe Board Members Had Knowledge of the Scope or Quality of the Work—Petitioner Thwarted Respondents' Efforts to Abate Violations By Unreasonably Limiting Hours and Days When Contractors Could Do Remedial Work and By Calling the Police
inter alia Comment: Faber v. Loft 14 Condominium, Civ. Ct., N.Y. Co., Index No. 6099/14, decided March 9, 2018, Wendt, J. Scott E. Mollen is a partner at Herrick, Feinstein.
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